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 ...
You must be a good parent. I have an ADD boy in my class. He is delightful, but sometimes he drives me nuts. He does get his work done and is doing wonderfully academically. He is being raised by his grandparents. I called home one time because he had had a particularly bad day. The grandma answered and said, "Hello, Mr. ________, __________ loves your class so much. He thinks you are the greatest. He thinks you walk on water almost. Thank you so much for all you do."
Oh crap!!! How in the heck could I say anything negative then? I love the grandma to death, but when she talks like that, it makes it difficult for me to give her the "scoop" hehehehe:).
At my last school, some of these kids broke into the lab and killed some of the animals.
PETA wwnnabees.
They tolerate his disruptive behavior, with a "Now Bradley, we don't act like that," when what the boy really needs is a swift kick in the pants!
With some kids, the apples don't fall too far from the tree.
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.
It's the bashers that often get heard in my state.
Those who seem to holler negatively the loudest
OFTEN get heard the most.
Many times I wish I even had a child to complain about. One of these years maybe I will.
My school certainly doesn't go for it. With all the extra time it takes in testing, extra help, etc. and with already big enough caseloads, the special ed dept. in my school certainly doesn't try to build up its numbers. That's not to mention the enormous amount of paperwork.
I know you probably have great difficulties, and are probably trying to do an admirable job. While I can sympathize, or maybe even empathize, with you, why do you think that your problems should be solved with my money?
But when you have a 3 year old who can't even concentrate long enough to learn his colors no matter how many times you go over it, you realize that there's a problem.
I don't doubt at all that there probably is a problem, and probably a serious one and that you are frustrated and at your wits ends sometimes. I am sure a lot of people have felt like that about many things at many times during their lives. But again, why is it that everyone else must be subjected to your problem and pay for your problem?
Not every child who has ADHD is an "undisciplined little monster".
Obviously not. However, whatever the cause- ADHD or whatever- it is not the rest of the class, school or society who should be penalized or who should have to pay for that problem. Taking away resources from "normal" ones and allocating them to the few "problem" ones is theft of those resources by the problem ones. Sorry, there just isn't any other way to call it.
I know, you will attack me as being cold hearted and uncaring, which is far from the truth. I do care, I just don't feel that everyone else's money/time/education opportunity should be taken from them to "fix" your or your kid's problem. Or my or my kid's problems.
The school should offer equal opportunity for an education. Those who cannot, will not, or do not take advantage of that offered opportunity should reap the consequences of their actions. Read again- equal opportunity, not "special education" or "individualized education program (IEP) suitable to the child's special needs". Why should all the other unafflicted children be punished by your or any other child being given a specially tailored curriculum only because they can't handle the equal opportunity education that is being provided. Nowhere in the Constitution does it call for everyone "to be made equal", but only to be provided an "equal opportunity". If anyone can't or won't take that equal opportunity, for whatever reason, then all of the ones who do try to take it and progress should not be penalized in favor of those who can't/won't take it. You should be provided the opportunity to vote, but if you don't take advantage of it, nobody should be required to drive to your house, pick you up, take you to the polls, sit you down and help you fill out your ballot, then take you home again... no matter how much the Democraps would like to do that for you.
You have the equal opportunity/right to vote. If you don't take it, that's your problem, not everyone else's.
Frankly, I knew I shouldn't have even clicked on this thread. I knew what I was going to read.
I'm very sorry if you take offense to this type of "personal responsibility" doctrine. I'm not denigrating you or your child, just trying to point out that no matter how badly your or some other child is afflicted by some type of disability, it is not everyone else's responsibility to under duress pay for it, plan for it or handle it.
And then we have the "Oh, poor me, I/my child am/is disabled" whine. So what? I was krappy in Algebra, while there were kids who whizzed right through it. So should the school have provided me with a special ed Algebra class and tutor so I could be as good as all the whiz kids? No! My tough luck. I sqeaked through. But there were things that I excelled in when others didn't. Should I have been penalized and them given "special" considerations just because I was more genetically inclined in the subject than they were? Again, NO! I sailed through, they barely made it. That's the way life is. Everybody ain't the same given an equal opportunity.
I know, you'll whine that you or your child is "speshul" and should be given "speshul" consideration. Wrong! Equal Opportunity being offered, disparate abilities taking [or not] advantage of it.
Before you go off name calling and claiming that I don't know what it's like, let me point out that I've been half deaf since grade school. They thought I was stupid. Wasn't until high school that they gave me a hearing test and found out I couldn't hear most of what was being said- however my lip reading ability was through the roof... all without any formal training or "special" education.
OK, now why should a special school curriculum be made up just for me, or special arrangements be made because one student in the class (me) couldn't hear well? They shouldn't. Fortunately, this was before all the socialist/PC krap and they just told me to sit in the front of the class and ask questions if I didn't understand something.
Sure, they could have spent big money to make all kinds of special adjustments for little ol' me, but that wouldn't be fair to everyone else. They (other students) didn't get any "special adjustments". The one thing they did do was "offer" me some counseling with the district speech and hearing counselor/teacher. He went around to all the schools in the district and I was given the "equal opportunity" to take advantage of an hour a week with him when he made the rounds to my school. I took advantage of it. But no "special" needs curriculum was ever even brought up and to this day, I don't think that most - if any- of my teachers were advised of my "disability". At least, none of them ever indicated with any special consideration to me that I know of.
I've also been on the teaching end of things. I would help someone who didn't quite grasp the subject as best I could, but if they didn't want to or couldn't learn, sorry- I wouldn't take away from all the rest who did want to and could learn. Yes, they had my sympathy- even empathy- as I had been that "stupid deaf kid", but the "equal opportunity" shouldn't be stolen from those who wanted it and would take advantage of it by those who either couldn't or wouldn't.
OK, I'll put on my flame proof drawers and let you or anyone else go at it, but taking resources away from those who would use and gain by them for someone who cannot or will not is still theft... no matter what kind of rose colored, socialist/leftist eyeglasses you look through.
Backing up Moog here -- I also teach special education, for middle schoolers. If I even were to think about suggesting a diagonisis of ADHD or medication, I could and would be rightfully fired. When a child acts up and shows signs of attentional issues, I describe the problem in an objective, observable fashion. If the parent brings up the possibility of ADHD, we suggest they bring the problem to a family physician. We never, ever make a suggestion of a diagnosis or treatment.
This past year our district was cited and fined for over identification. We weren't the only one. The largest county in our area was fined over 1.3 million for the same reason.
How to get the numbers down? First, require the referring teacher to keep records on different interventions she/he has tried with a student--preferably MONTHS worth. Second, bring the child's situation to a committee who will offer more suggestions and tell the teacher to keep more records. After that, probably an entire school year, THEN initiate testing. I can guarantee the purpose is to drag out the process for a full school year, and then hopefully start it all up the next year.
For those already identified? When they come up for renewal, if they are passing all classes, pull them from the program. If they have problems? see above process.
Special education is NOT this big money maker for schools. It drains resources badly.
But of course your school isn't like that. And of course you attend all of the board meetings-where the real decisions are made- and all of the planning sessions where the real MONEY is brought up... you know the ones where everyone freaks about the Tax base, and how they need to figure out how to bleed the system for more money with out going to voters... right??
We need to examine our priorities in this country. The public education system would be a good place to start
We need to free the "free" public schools. I'd guess my district here in Texas spends around $100 on "special" children for every $1 it spends on gifted children. I used to have the numbers at hand but that is the impression I got.
As long as attendance and property taxes are compulsory, then choice MUST be a component of the government school system for it to be effective.
I think if we started calling them "government schools" instead of public schools we might begin to pry some tax dollars from them, not to mention loyalty.
PS - If Southern Baptists started private schools instead of home schooling so much, they might find a unified voice to challenge the government school stranglehold. Ditto for other Proetestant denominations.
AND I do not appreciate the snide tone and comments from you. As a matter of fact, I DID attend every single special education planning meeting over the last year, as a requirement of my job. And in those meetings, we do not make new decisions, we read the regulations and interpret how to best implement them. IDEA was reauthorized last year and I was one of the teachers asked to look at the new regs and figure out how teachers could make these work.
I cannot and will not comment on your experience because I don't live your life. I would appreciate the same courtesy.
"where parents called requesting the "ADD or ADHD test because their child's teacher recommended it for the child" in 99 % of the cases it was the school who had first brought up the letters ADD."
And it's interesting to note that doctors will require a statement from the school before they'll test. The school on the other hand won't issue the statement because it falls under the responsibility of the doctor to make the diagnosis. You either have the exception to the rule in your case or a blatant abuse of power in the school district.
"I have no doubt that every person is mental health to public education is playing CYA when it comes to playing the ADD/disability/funding game."
I would hazard to guess you're wrong.
Before I go further-Are you aware of bounty funding?
Further- how about you save the lecture for your students..You can either discuss things with adults without having to try to control people- or you can't. My "tone" has nothing to do with it. This is not a tea party. Try sticking to the issue and keeping your feelings out of it.
Well you are entitled to your guess.
Boy where do I start with this? Just because you had to "pull yourself up by your own bootstraps" and this was done how many years ago, doesn't mean there aren't procedures in place NOW to help those children who need it. Obviously your main objection is that since you had to do it on your own, everyone else should have to do it that way and god forbid some tax money be used to help them.
Your lack of compassion is extremely distressing and the implications made in your post that some children don't deserve that "equal opportunity" you cite is, in a word, disgusting.
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