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 ...
I'm stunned....I had no idea. Frickin' unbelievable. Just frickin' unbelievable.
Note that school administrators here cannot make any diagnoses either. I've always let the parents take care of the issue (of course I do things in my classroom--but this is about the medication stuff) like I've said before. I've seen a few get drugged up so bad by parents that it makes you hurt to think about it. I have also seen some success stories too. One of my students this year is on medication (totally parent initiated). Last year, he couldn't do anything. This year he is thriving.
I also had a student whose parents tried a lot of their own kinds of treatments. This is a kid who could forget things two seconds later if you told him. He was a little active too. He is a good kid, however, and has made some great progress over the last 3 years or so. He is reading on grade level and has gotten much better at math and concentrating on his work. I've been through the wringer with him as I have tutored him for 3 years or so. Many a time I've torn my hair out literally, but we have kept at it. Through a combination of good parents, tutoring, good teachers, personal efforts, and such, he is succeeding. I had his sister too. She struggled for a lot of the year, then started taking off near the end. Now she is getting straight A's in junior high and just loves school. I'm as proud as punch of her as are her parents. As teachers, we love to see students (current and former) succeed. It's what makes the job all worth it. I absolutely love the parents and really am thankful for them and how the efforts they make for their kids.
I agree with your research. Glad to hear it from an authoritative resource--though I've long thought it anyways.
Your advice is wonderful and well taken. Thank you.
We can't reccommend evaluation here and I don't mind that. I do report patterns and behaviors at times. BUT the teacher bashers here don't even want us to be able to talk to the parents about behaviors. Geez. Whatever happens, it won't affect my teaching much, but I get tired of the false allegations and the encouraging of disrespect.
Supreme Court decision.
Zebley v Sullivan.
"The problem that I do have is that some of the posters on this thread don't know what they are talking about. They are painting with a wide brush (excuse the cliche) and some of what they are saying is extremely hurtful to some of us who battle every day with ADHD and are worried about the future of their children."
I have found this to be typical on these types of threads. Those who seem to holler negatively the loudest, usually have NO experience in dealing with ADD or any other type of mentally challenged child!
Good for you! My brother and sister-in law have 2 boys under 10 and both have been zombies for the longest time because of the different types of drugs. Now they're trying to have another child and I pray this one will not be drugged.
This is quite true.
Better that they write seperate retirement letters.
"Sometimes these so-called "short bus" kids, as a previous poster so quaintly put it, are from regular hard working families who deal with an incredibly difficult situation. Most of the posters on this site who have no one-on-one experience with these kids may want to stop with the generalizations."
Thank you. I happen to be one of those fathers. I really get tired of the "short bus" crack. My son was born with hydro-cephalus, at age eight he was diagnosed with muscular dystrophy. Because of the hydro-cephalus he does not remember or retain information as easily as others. At age 12 he is doing 3-4th grade work.
He's a great kid. Kind and courageous (two, complete, reconstructive surgeries on both feet to keep him ambulatory--try that if you think you're hardcore). The only problem he has in school is the constant teasing and torment he sustains from so-called "normal" kids. As for the ADHD kids that he shares his special ed class with, some of the worst teasing comes from them.
Of all the crap he has had to go through, what breaks my heart the most is the teasing. That has cut him deeper than any surgeons knife.
There is a time and place for poking fun at people for the right reasons. There is never a place for it when the target is a handicapped child.
Next time anyone reading this post thinks a "short bus" remark or joke is funny, see if you can tell it while looking someone who rides that bus in eye.
I wonder how many times these two have been 'out of the mainstream' with their minority dissents
There is a good deal of money in ADD and ADHD being a "disability".
Glad to hear it from a parent! I had, and still have, HDHD and I don't think of it as a disability at all. I think it has helped me acheive what I have because I am a better multi-tasker than most people I know, I'm more decisive and like to get the job done NOW! Did I have to learn some techniques to help me focus and learn not to always say the first thing that pops into my brain? Absolutely. But most people with this so-called "disorder" are exceptionally intelligent and easily bored and that's not a good combination for most school-aged children. It all comes down to discipline and the will to change how you approach tasks. Even today, when I have to study materials for work that aren't very exciting, I study for a maximum of 30-45 minutes and then take a 30 minute break to do something I enjoy. After the break, I start the process over again. Otherwise, it feels like I'm looking at an entire elephant that I'm being forced to eat in one bite. Have you tried this with your children. I really find it helpful to have the 30 minute break to look forward to and it eliminated my procrastination over large projects. Keep up the proactive parenting!
I have total sympathy for you.
I'm an adult with ADD -- not ADHD. I was always pretty much a straight-A student, when I was interested. It wasn't a lack of capability of learning in the other classes, more like a lack of caring. I could make myself focus when I say a point to it. Well, I say that, I could sort of make myself focus, to an extent.
The thing is, I was one of those, "she's a great kid, but she talks too much" girls. Good grades, so they ignored, or wouldn't listen when I tried to explain what was up in my head.
When I went to college the first time I struggled. I left.
I'm back in now and holding a 4.0. It's harder than h*ll. I also freely admit that I am medicated now -- I take Provigil.
The way I explain my thoughts to people -- think Dumbledore in the HP movies. The bowl with his memories in it - the pensieve.
In a way, that's how the thoughts get in my head. There are tons of things floating around, not really separated from one another. A lot there, just spinning. The Provigil gives me the ability to pull one thought out and complete it.
I agree that in boys, it's overdiagnosed, but I also believe that girls are often ignored if they have issues with the same disorder.
I wouldn't dream of special ed though. I know at the University I could apply for special stuff (extended test taking etc etc) but I won't. I want to earn my degree fair and square, and not something that is modified.
I'm far from being a saint. I just strongly believe in personal responsibility. If a person CAN take care of themselves, they should! I've seen people who are much more "disabled" than my neice is hold down jobs and I salute them for it! I just can't see going through life as a useless blob if I have a choice NOT to be one.
Also, during my school days in Florida, it was known as RBATTB (Rather Be At The Beach) syndrome. Don't ask how I know...
okiedoc to someone else---Would you mind if I nominate you for Saint Hood.
That would make him a thief or robber then.
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