Kansas Family and Divorce

Winkelman: Parents have enforceable rights under the IDEA

The U.S. Supreme Court issued its decision in Winkelman v. Parma City School District today - you can read the full decision here. The 7-2 decision was written by Justice Kennedy. The problem in this case started when Jacob Winkelman’s parents sued their school district in an attempt get the education to which their autistic son was entitled. Remember, under the IDEA every child is entitled to FAPE - free and appropriate public education.

To read more go to the Mental Disability Law Blog. And while you are there put her feed in your RSS feeder or bookmark this great blog. If you are a parent of a special needs child, you owe it to yourself to know about this great blog.

How to Prepare for an IEP Meeting

Saundra M. Gumerove has what I am hoping is the start to a new series of post for parents with special needs children on her great blog, Advokids.

In preparing for an IEP (Individual Educational Plan) meeting:

1. Review existing and prior IEPs and evaluate if progress has been made. Have the goals set forth been met and have they provided for a high enough level of achievement for my child.

2. Review any recent or new evaluations and try to determine if new evaluations are necessary based on the circumstances faced by my child during the past year.

3. Review the child’s present level of performance. Has there been a measurable improvement in performance? Have goals been met? Are they realistic?

Facing Divorce, with a Special Needs Child

There is no question that having a child with a disability is a tremendous source of stress for any couple. What was once a carefree romantic relationship turns into a painful, confusing, emotional rollercoaster, at least for a time. Sometimes one partner decides he or she wants off the ride. And this leaves a tremendous burden on the spouse left behind.

Advice for those going through and divorce while parenting a special needs child.

1. If there is any way to salvage your marriage, SALVAGE it.

2. You cannot do this without help.

3. Do not purposely limit your child's contact with the other parent. (No matter how hurt or heartbroken you may fee).

4. Immediately make this chaotic time as structured as possible for your child.

5. Do not argue in front of your child.

Source for post: Families.com

Court Rules Against Special Ed. Parents (AP)

Court Rules Against Special Ed. Parents (AP): "AP - The Supreme Court ruled Monday that parents who demand better special education programs for their children have the burden of proof in the challenges."

(Via Yahoo! News: U.S. National.)

Schaffer vs. Weast, important special education case for parents

Saundra M. Gumerove posted today at Advokids information about Schaffer vs. Weast. As she states: "Schaffer v. Weast is a very important special education case for parents. The case will determine who bears the burden of proof when there is a dispute over an IEP, the parents or the school district. The case may shift the balance of power in an IEP meetings and due process hearings."

Go to the link above to read more information.

Why are the IDEA 2004 Proposed Regulations Important to You?

From Saundra M. Gumerove and her great blog Advokids:

"To be an effective advocate for your child it is important for you to be familiar with the IDEA, the 2004 amendments to the IDEA and how the proposed regulations will impact existing practice, the delivery of services and the discipline of children with disabilities. To download the unofficial proposed regulations, go to http://www.ed.gov/policy/speced/guid/idea/idea2004.html.

In December 2003 President Bush signed the 2004 IDEA Amendments which will become effective July 1, 2005 — next month. The US Department of Education just announced the proposed regulations (see article below) for which the comment period ends 75 days after publication in the Federal Register. The proposed regulations are expected to be published in the Federal Register this week or next.

Regulations implement a statute; that is, the regulations fill in the blanks in a law and specify how the law should be carried out. The 2004 IDEA Amendments make many changes to the existing IDEA. From the definition of “parent” (to include foster parents, grandparents, guardians appointed by the Court), to changes in discipline procedures, to providing for a mediation process when parents and the school district do not agree, to coordinating the IDEA with the No Child Left Behind Act — there are many areas that will affect the delivery of services to children with disabilities.

In future posts I will be examining the impact of the implementation of the 2004 IDEA amendments and its impact on our children, as well as, reviewing the proposed regulations."

I have asked Saundra to guest blog on this subject. Watch for more on the 2004 IDEA amendments soon.

New Special Education Association Launched

A new national association has been launched for parents of children with special needs to promote a sense of community and provide a national forum for their ideas.  The National Association of Parents with Children in Special Education (NAPCSE) has been established.  The NAPCSE has its own website at www.napcse.org