Posted on 11/14/2005 10:10:08 AM PST by SmithL
WASHINGTON -- The Supreme Court ruled Monday that parents who demand better special education programs for their children have the burden of proof in the challenges.
Retiring Justice Sandra Day O'Connor, writing for the 6-2 court, said that when parents challenge a program they have the burden in an administrative hearing of showing that the program is insufficient. If schools bring a complaint, the burden rests with them, O'Connor wrote.
The ruling is a loss for a Maryland family that contested the special education program designed for their son with attention deficit hyperactivity disorder.
The case required the court to interpret the Individuals With Disabilities Education Act, which does not specifically say whether parents or schools have the burden of proof in disputes. The law covers more than 6 million students.
(Excerpt) Read more at sfgate.com ...
this isnt just to OKIEDOC is to anyone who said on this thread that extra funds to assist ADHD kids was in anyway unjustified.....ANY of my tax dollars used for education is GREAT. What I dont want my money used for is to keep child molesters and other such monsters alive and well in jail.
Special Education children are EXEMPT from national testing??? Since WHEN?? According to NCLB students with an IEP must meet the same standards as non-disabled students. In fact, many schools are failing the AYP goals because of low scores in the sped sector. When my district examimed the regs, we found we could exempt **FIVE** percent of the total sped population. That is outrageous! Last year we had students with IQ's in the 50's and 60's taking on grade level math, English and reading exams. I personally read a test to a non=verbal autistic student who pointed randomly to answers on flash cards. He had not a clue what was going on.
As far a "drugging" you are quite fixated on that topic for some reason. Medicaing a chlld for a documented problem is not drugging.
Well I must say that must be best set of silly put downs you have given me yet... LOL! (let me guess you ran out of facts to debate with, as usual) *snicker*
Yes there are leaning disabilites- but not all of them are aided by the drugs- some are made worse.
But then again YOUR child may be different, YOUR child may be one of the very small percentage of children who really do have ADHD.
Hey it is your life- do as you please. But if YOU want to listen there is information all over the place: ALL KINDS OF MINDS
The last time I called to set up and easement for someone here they were booked for three months- that is how many people are listening.... and this is just one place to go. Good luck and if you are a Conservative- do let the fact that OPRAH loves this guy deter you. ;]
If you looked at your own link, you would see that students were exempted from only one test. They are not exempt from tests that are used for NCLB purposes.
Take a deep breath, relax, it's just a conversation.
I digress.
You say I am trying Nationalize this.
Could be I am talking about the National Conversation. Are you aware there has been a National discussion for at the past ten years (and even the past 20 if you look hard enough) on this very topic, and some of us have been following along for a variety of reasons- I never was discussing your little microcosm,rather the trends nationally which show the mis diagnoses and cases of over medicating children who are labeled ADD or ADHD.
What are the CAPS for- well, Some people use CAPS while trying to communicate over the internet due to lack of interpersonal communication, to place emphasis upon a single word.
Some people take the manipulation of parents and children, with more than a scoff and a blow off.
Sorry if that is too *intense* for you dear.
Are you serious, or pulling my leg with this stuff?
You seem to not have the ability to sort through discussions made by myself and at least 5 other people on this board and comment in an even-handed manner. You look at your experiences and assume that is how it is everywhere. (By your own admission you have been out of a clinic situation for over 5 years) You make gratitous statements, attack others and throw snide remarks around. When I very, very calmly attempted to inject a sense of reason about this, you continue to attack. No problem. If that is how you operate in real life, then that's how you will operate here.
Just remember, we solve no problems here on this board--we discuss and learn from each other and their experiences. Rather than attack my corner of the world, why not step back and say "WOW! that sounds great! Good on you!" When a parent posts his experience with how his son came to be identified (which btw, was done correctly, down to the most tiny details) instead of attacking him, why not look and learn and see how you can adapt his experiences for the good of those around you?
Is ADHD/ADD over identified? In my opinion, yes. However, I would be the last person to pull another's child aside and disagree with a medical professional. I take the kids given to me to teach, and I teach them to the best of my ability. Have I ever mentioned ADHD/ADD to a parent? Never, not once. Have I heard of it happening? Yes and in every case I strongly suggested the parent contact a school official to discuss the violation of IDEA.
Please refrain from posting comments to me, and especially refrain from using degrading, condescending words that I have seen you use such as "dear" and "honey." I am neither to you, nor do I wish to be.
You have actually identified something that happens a lot. Some parents resist getting extra help. I offer free tutoring for my students. The parents of three of my lowest students refused, saying something along the lines that they didn't think their child needed it. Parents don't want their kids labelled, but in FIRST grade, they aren't so much. I do tutor 10 students. Some of the kids are some of my better readers, but the extra help doesn't hurt, rather it helps. Last year 3 of my top readers were tutored. The moms decided to take advantage of the offer while they could and their kids excelled.
I love my little first graders.
Teachers are real heroes, but I would especially say that of the armed forces. I would say that of anyone who does his/her job with integrity and to his/her best ability.
AND DON'T FORGET THE MOMS. THOSE are the true genuine heroes of our country.
If you wish to have a tea party where every one plays praise games to each other and comments very nicely upon everything you say- you may wish to do that in private. This is a public message board with a decidedly anti- liberal bent to it- and you may hear some things you may not wish to hear. There is no controlling it.
This decision doesn't just affect ADD/ADHD kids. It also affects those with autism, mental retardation, those in wheelchairs, the blind or deaf - any disability - and it puts the schools in absolute control. It also affects parents of "normal" kids who want to sue school districts for any reason. (Not just the frivolous cases - which I agree should be stopped.) This was not the case on which to make this decision.
The schools now know everything and are the experts. This may have put a hole in NCLB, too...the government will have a hard time making a case against schools that don't make AYP, since now SCOTUS proclaimed that schools are the experts....
Loved your post.
In truth, Diva's kid sounds like a kid with Asperger's. You know, on the autistic spectrum. I know, I have one. Whiz at classical music, math, precocious learner - reads, gifted, etc., as well as explosive...yep....
>> I strongly suggested the parent contact a school official to discuss the violation of IDEA.<<
Can't do that any more. IDEA is dead. Parents no longer have any control, the schools are the experts.
You must not have read anything I had to say.
My son is an adult now. We already did what we thought best, thank you. And it worked out wonderfully! He has held a job since he was 14 years old. He graduated with a 3.4 GPA from High School. He is now in College. Without any accomodations, he recieved a 1020 on his SAT's. Not bad, considering his "normal" sister got 980.
He started taking himself off his medication, so that he will be able to serve his country, in the military, when he graduates.
I think we did everything just right. I am so glad I never listened to the naysayers, mockers and psuedo-intellectuals who try to marginalize the kids like my son; and demean us for following the best course of action to enable our children to be self-supporting, contributing citizens of this society.
I must say, in my life I have have met many, many people who think they know everything and love to tell other people how wrong they are....but your arrogant assumption that you have far more experience than a person you know absolutely nothing about, takes the cake! You know nothing of my family, my friends, my social work, my employment history. You have no idea what my experiences are. You have no idea of my own handicaps, now do you?
Yet, I must tell you, you reveal much about yourself in a post like that.
Glad you liked it. I really want to try and encourage other parents going through what we have already gone through.
All you are doing, is worth it. Your kid is worth it.
I guess no one will ever know about her child.
They actually thought for a time that my son was Autistic. His cousin has the disorder. But, as time went on, we found out that he wasn't.
God bless you, my friend. God bless you.
"The medication given for ADD and ADHD is a stimulant. Speed. For some reason, the brain of these kids processes or doesn't process information correctly. But, when they are given a stimulant, the files in the brain organise and they can function normally. Kids with this disorder do not react the same to this stimulant as other kids. They do become addicted to it in the same way, and they do not need increasing doses to achieve the same effect. Doses are increased when the child's growth necessitates it."
Read: do NOT become addicted to it....!!
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