New Show on Gallaudet students, and, Part I of Deaf as Disability Series

I just discovered that MTV will be airing a new show focused on the lives of college kids at Gallaudet University, which, as you may or may not know, is the only college for the deaf and hard of hearing.  It's called "Quiet Campus" and will be aired on mtvU, which apparently is a MTV channel focused on college students (which confuses me - isn't regular MTV focused on college students?)  Anyway, here's the press release, and here's a blog post in the NY Times with some quotes from some of the students featured in Quiet Campus.

I think this will be cool to watch.  The premise of the show is apparently that deaf kids aren't that different from "typical" kids - they're wrestling with the same issues, have many of the same concerns.  I think it will attract viewers who want insight into a world that they're likely unfamiliar with.  And if Switched at Birth is any indication, the series could attract quite a number of viewers.

HOWEVER, my next set of thoughts about this show (Quiet Campus) is that inescapably, this is going to highlight differences between deaf kids and hearing kids.  Inevitably!  Deaf kids use ASL, and have alternate ways of using technology.  Alarms clocks in Gallaudet, I'll just bet, involve flashing lights and vibrations - not songs or musical sounds from your iPhone.  Being deaf is different, in the sense that being any kind of minority is different from the way the majority of people deal with the world.

This gets to something that I see as a big tension in the deaf/Deaf community.  One set of people who have no hearing ("Deaf") view being Deaf as being part of a separate cultural community, one with its own language (ASL), history, and current culture.  Another set of people who have no hearing ("deaf") do not wish to participate in a Deaf community - they learn to speak and read lips, they rely on cochlear implants, and they attempt to integrate into mainstream US culture as much as possible.  So, I suppose it's like any minority community - there are those who emphasize the differences from the majority culture, and are those who integrate.

And yet for the Deaf, there is another issue that doesn't face other minorities - there is something more to the difference between Deaf and hearing.  There is in fact, some kind of dis-ability; Deaf people cannot use the communication modality - hearing and speaking - that the majority uses.  And this is why we as a society have chosen to support the Deaf by (a) recognizing that Deaf people need technical accommodations, like TTY systems, and better access to the 911 system and (b) providing educational services, in the form of IDEA supports and publicly funded schools for the Deaf.

But a lot of Deaf people seem really uncomfortable with the idea that they are "disabled".  Their view is "hey, there's nothing wrong with me, I can do anything that typical people can, I don't need to be fixed".  I certainly sympathize with this view - I have trouble labeling my own daughter as "disabled".  However, in order for my daughter to receive special ed services, she must fall within one of the legally defined categories of disability - that's just how we as a society have organized these programs.  So, too, with deafness - it's one of the categories defined under the ADA, the IDEA, and all the other laws as a disability.

So, what do you think?  Is being Deaf a disability?  Is it not?  Is the issue actually one where we need to throw out the disability/ability categories entirely?  What should replace it?

I plan to keep talking about these issues, so check back soon!

Online School Management Systems, or, will you ever talk to your kid's teacher in person again?

As you know, I'm quite interested in the intersection between technology and education: what are the positives?  what are the negatives?  I recently read an article that highlights how the same technology can be both good and bad.

In the WSJ last week (sorry, I am perpetually behind the times), there was an article about how schools are increasingly using online tools to communicate with parents and students - grades, class info, contact information, and upcoming events are increasingly being communicated via online platforms accessible to parents and students.  Picture a facebook page for your kid's classroom - events, other participants, and specific information about how your kid is doing.  You can check out the article here. 

So, the upside, in this increasingly digital world, you can use these systems to (a) communicate with your kid's teacher more regularly - no more waiting for a parent-teacher conference to address a concern, (b) monitor your kid's homework/grades, so that you can intervene if something's going off track, and (c) be able to communicate with other parents.  I certainly know how hard it is to keep in touch with your kid's teachers, and more ways to do it seems better than the alternative.  Working parents may rarely actually see their kid's teachers, and being able to stay in the loop via emails is nice. 

But...on the other hand, is this just another piece of technology that's going to get lost in the noise of all the emails/facebooks/other sites we deal with on a daily basis?  One mom in the article basically abstained from the online school platform, saying it was just one thing too many to deal with.  (I understand that too!  I have, at last count, 7 email accounts).  And despite our texting/virtual world, there is still something to in-person conversations, and building actual personal connections with the people that your child spends the most time with.

And, just to throw another iron into the fire, are these online school systems accessible to people with disabilities?  Recall earlier conversations on this point, on accessibility of digital educational materials and accessibility of communication systems.  If a student is blind, or has vision difficulties, are these online school systems accessible to screen readers?  And what about the parents?  What if a parent is deaf, blind, or has another disability where using online systems requires alternative technologies (like screen readers, or switch systems).  Hmmmm?

I don't have an answer, and I'd be happy to hear what your experiences are with these portals.  Honestly, these systems aren't going away - but we do need to make sure that they are appropriate to all students and their families.

Semi-Annual News Round-Up

Just kidding!  I hope to summarize recent news more frequently than that.  But admittedly, it's been a while.  So let's plunge in:

1. Earlier this week, the WSJ published an article about the increased prevalence of certain diseases and conditions - like fibromyalgia and chronic fatigue syndrome - in school aged children, and the ability (or lack thereof) of schools to provide them with FAPE.  The particular challenge with these conditions is that often, the student struggles to attend any classes at all; home and online tutoring are often necessary (but expensive).  Add to that general skepticism that CFS and fibromyalgia are "real" conditions, and you have a situation where schools are pushing back and challenging requested accommodations.

I thought the article was reasonably balanced, weighing the truly difficult issues of how to educate kids with such draining conditions.  However, there were a few statistics thrown around that I thought were a little disingenuous.  One special ed consultant (guess whose side he's on) estimated that in 1970, special education's share of school budgets was 4%  - in 2005, it increased to 21%.  He also cited the figure that the average cost for special ed students is $17,500, roughly double the figure for typical students.

Now, I don't know if the numbers are at all accurate.  For one thing, I really doubt that the $17,500 figure is true nation-wide.  But regardless, these figures are misleading.  Special ed students are not stealing from typical students' education.  States receive extra funding from the federal government under the IDEA to support special ed students - so comparing the cost to educate special ed students vs. typical students is apples to oranges.  So I worry that a parent of a typical kid who's reading this article says to herself, "Wow, those valiant school districts doing so much for these ungrateful kids and parents.  The cost of the special ed kids must be the reason that our middle school cut the art program."    And if you think I'm worrying for no reason, I've quoted an actual comment to the article below:

"Made-up diseases: Chronic fatigue syndrome, learning disability, and marginal personality disorder.  Whatever happened to words like lazy, stupid, and jerk?"

Sigh.

2. A few days ago, the US House of Representatives  approved H.R. Bill 2218 - Empowering Parents through Quality Charter Schools Act (who comes up with these names??).  Here's a 3 page summary, here's the full monty, and here's a policy slant on it.

This is one of a number of bills that will be reauthorizing ESEA.  It's certainly good news that students with disabilities were expressly mentioned, but I'm not sure what, if anything, will end up changing.  Charter schools seem to be a total crap shoot when it comes to educating kids with disabilities.

And that's all for now folks!  Want to try to end on a semi-positive note!

It's Back to School/IEP Season!!!

I'm a little bit late on this topic (since I was dealing with my own Back to School/IEP Season), but as parents of special needs know, September is not just about buying a new backpack and the long list of school supplies.  It's also about evaluating your child's IEP, and making sure that it's still appropriate for him and her.

Hopefully, you've already had your pre-school IEP meeting.  I think it's always a good idea to bring the team together before school starts, and discuss what's happened over the summer (good and bad) that may impact the IEP goals.

I'm going to repost some excellent thoughts from my colleague Charmaine Thayer (who has a great website of her own - Visions and Voices Together).  I think Charmaine has a really balanced perspective on parent/school collaborations - optimistic, and still realistic.  Here you go from Charmaine:

Your Back-to-School IEP Check:

1. I understand the goals my child is working on this year and these are still appropriate for my child.

2. Teachers and related service providers are working on the goals, and I know this because ______________________.

3. My child is receiving all the services and supports written on his/her IEP, and I know this because ______________.

4. I do not agree to any amendments to my child’s IEP without considering all of the possible repercussions of an amendment. 

* CAUTION: some parents have been receiving proposed amendments to their child’s IEP to decrease amount of time for services, or change services from direct (actually working with your child) to indirect (consulting with school staff) and asked to “Sign here and send back to school.”

5. I have a communication plan in place to receive daily/weekly communication from people working with my child.

6. I share with school staff what strategies work well with my child.

7. I consider not signing a release (or revoking if I already have) of information between the school and private providers.  Instead, I provide written reports to each party when I think it is appropriate.  If school staff and private providers want to speak to each other, I am on the phone with them, or meeting with them.

8. I thank school staff and recognize when things are going well.

9. I celebrate my child’s successes!

And given the time of the year, it seems like a good time to post some general IEP resources, relevant to any time you're considering an IEP meeting.

IEP Guide: This is a pretty basic primer on your, and your child's rights under IDEA, and how to navigate the IEP process.

NCLD on IEP Teams:  This is a parent-advocate's perspective on the "dream" IEP team....and what is often the ugly reality.  So this is not what I'd call a balanced perspective, but it's certainly one that parents are quite familiar with, and speaks to the frustration and anger that many parents feel. 

As always, Wrightslaw has a variety of really helpful resources, including an email newsletter, the Special Ed Advocate and their website full of archived materials and analyses.

Good luck!

LiveScribe Pens, Round II: Illegal to use in the Classroom?

I remain bemused (saddened?  not surprised?) by stories in which schools actively reject new technologies on spurious premises.  Why can't they see the value of these new tools?  Why is there such a lack of creativity?

This week's tale of bureaucracy comes from a colleague of mine in the special education legal world.  One of her clients is a 10th grader with auditory processing dysfunctions.  On the recommendation of a neuropsych, his parents bought him a LiveScribe pen and he brought it to school to assist with notetaking and reviewing the lectures later on at home.  (This, by the way, is precisely one of the ways that the LiveScribe pen is SO AWESOME.  This is EXACTLY in line with best practices).

The teacher, however, told him he couldn't use it because it was "illegal".  Now, there is one potential legal issue at hand.  Some states prohibit you from recording conversations without the other party's consent (these are "two party" states).  Other states have no such restriction, and you can record away (these are "one party" states).  Apparently, this kid was in a one-party state, so the teacher was flat wrong. I love how people make these things up. 

Now, turn your legal brain on to the next logical question: would use of the LiveScribe pen be illegal in a two party state?  After all, you'd need the other party's consent to record.  Well, really, what thinking teacher would refuse consent to the student's recording?  What about the other students - would schools need to get consent from each and every student, if one student wanted to record a lecture (in which the other students are presumably participating)?  I would argue no.  Students don't have a reasonable expectation of privacy in what they say in a classroom, vis a vis the other people in the class.  Now, maybe you'd want the student doing the recording to agree to only use the recording for educational purposes, and that seems reasonable.  But again, nothing about the use of the LiveScribe pen is illegal.

So, back to the example.  What was the teacher's real concern?  Well, maybe the teacher was nervous that if the kid recorded her lectures, his parents would find that that she really couldn't teach!  Or maybe the teacher just didn't understand the potential of the LiveScribe pen to really help the student learn.  I really have no idea, but this really reinforces the principles I posted about earlier.  In sum, the coolest and best technologies for learning will be entirely useless if teachers don't know how to use them and if schools don't support their inclusion in the classroom.

What's the value of an online education?

 Happy return to the school year!  After a little summer break, we are back in action.  And, talking about education again.

I've talked about online education before - I generally think it presents some interesting new options, but it's fairly untested.  And you certainly know I'm not anti-technology or anti-choice.  So I read with interest a set of surveys conducted by the Pew Research Center.  One survey was a telephone survey to 2,000+ random adults (the "public") and the other was a online survey to over 1,000 college presidents (2 and 4 year, private and public).  You can find the link to the study here - but here are some interesting highlights:

1. The general public doesn't value online learning very highly.  Only 29% of the public says online courses offer an equal value compared with courses taken in a classroom. Half (51%) of the college presidents surveyed say online courses provide the same value.  What's the difference?  Perception.  A Harvard education is viewed to be superior to most other undergraduate colleges - but it's not necessarily true.  It might be the best for some students, but other students might do better in a college with smaller class sizes and a different choice of majors.  But Harvard remains "on the top" because of perception.  The issue of perception arises after you've graduated, when you're trying to get a job on the basis of your academics.  Online education is new, and mostly unproven.  It will need to prove that it's not a fluffy option for people trying to do minimal work. 

2. ....and yet,  Roughly one-in-four college graduates (23%) report that they have taken a class online. Not surprisingly, the share doubles to 46% among those who have graduated in the past ten years (I mean, really, 10 years ago there wasn't even Google). Among all adults who have taken a class online, 39% say the format’s educational value is equal to that of a course taken in a classroom.  But on this point, how would they know?  I would argue that the value depends on the course and the curriculum - is it a topic that can be easily (or best?) taught online?  Compare a law school lecture - where minimal student input is expected or required - with a class on teaching methods, where presumably you need to try your methods out on other students.

3.  Despite recent evidence to the contrary, digital textbooks may well conquer.  Nearly two-thirds of college presidents (62%) anticipate that 10 years from now, more than half of the textbooks used by their undergraduate students will be entirely digital.  I believe this.  Tablet computing is taking over, and it's replacing the 15 pounds of textbooks I carried in high school.

There are some other interesting factoids, like, how plagiarism is on the rise due to the Internet.  I find this fascinating - this was simply not an option when I was in high school.  Perhaps we'll explore this issue in a future post, because I think this is definitely a downside to technology, and I'd like to research what teachers and schools are doing to combat the problem.  (Part of the solution might be to flip the classroom a la the Khan Academy - do lectures at home and homework at school).  Another interesting point is that colleges have yet to figure out how to regulate the use of smartphones, tablets, and laptops in the classroom.  Do you permit wireless?  Do you require wireless?  How do you keep students engaged if they can access Angry Birds at any time?

Worth some thinking!

How to Integrate Technology in the Classroom

Let's get back to the technology people!  I encountered this fabulous list of ideas of how to effectively integrate technology into the classroom.  The author, Adam Bellow, is an advocate for technology in education, and his website ( http://edutecher.net/ ) promotes new and effective technologies.  He recently wrote a post on Mind/Shift, itself an interesting website on education, policy, and technology.  You can see his full post on Mind/Shift, but here are his 7 Golden Rules for Using Technology in Schools:

1.  Don't trap technology in a room.  Remember "the computer lab"?  As Bellow says, technology should be like oxygen - ubiquitous, necessary, and invisible.

2.  Technology is worthless without professional development.  It's more than just "how-to".  It's "why" and "why this is worth your time".

3.  Mobile technology stretches a long way.  So why are cellphones banned from most classrooms?  Why not harass the power of smartphones and apps for the sake of learning (not just texting)?

4.  The new "F word" is fear.  Schools block access to websites, teachers are afraid that kids know more about technology than they do.  So perhaps it's our responsibility to teach kids how to use technology responsibly - to know about copyright laws and licenses, for one thing - and how to be good "digital citizens", as Bellow puts it.



5.  Tech tools are not just a passing fad.  Sorry folks, smartphones and tablets are here to stay.  And given how inexpensive some of these tools are (the iPod Touch, LiveScribe pen, etc.) and the countless uses they have, it's worth investing, and training people NOW.

6.  Money is not the problem.  See Khan Academy.


7. Invite every stakeholder to the conversation.  And yes, that includes students too.  Heck, throw in parents!

No Child Left Behind: 101

This is another post providing some background on education laws, so that I can discuss some very recent developments.

So, No Child Left Behind is widely viewed to have been originally enacted by Bush II in 2002.  The basic idea was to create standards-based accountability for K-12 nationwide.  The act mandated student testing every year from 3rd to 8th grade, and once in high school, to measure student progress.  Each year, a certain percentage of a state's schools must make annual yearly progress (AYP).  AYP means that this year's 5th graders, for example, test better than last year's fifth graders.  If a school doesn't make AYP, it is labeled "needs improvement"

The schedule of progress was defined as well - by the 2013-2014, all schools, in all states, are to be at "proficient" level.  If a school doesn't, then that school faces an escalating set of sanctions - tutoring, offering students school choice, etc. (each of which costs the states money) - and also puts federal funding at risk.

A couple of points about all that: First, NCLB was simply a reauthorization of an existing law - the Elementary and Secondary Education Act, which was first enacted in 1965 (So sometimes, you'll see NCLB referred to as ESEA.  Another example of ed law alphabet soup).  So, it wasn't something that Bush II just created out of thin air.

Update! Douglas County Voucher Program Halted!

I've lost the "breaking news" aspect of this, since it happened last Friday, BUT a Denver district court judge issued an injunction to stop the implementation of the Douglas County voucher program.  I think this is the correct result, based on the legal arguments. Interestingly, even though the plaintiffs only asked for a preliminary injunction (meaning, a temporary halt to the program while its legal implications were sorted out), the judge issued a permanent injunction.  That means that the program is over, unless Douglas County decides to appeal.

Here's a link to the judge's ruling (pretty much a home run for the plaintiffs).  I don't expect you to read it because it's 68 pages, but it's a thorough explanation of why this program violates the Colorado state constitution.  And it also includes some fascinating details about some of the actions taken by the private schools - like how one school reduced the financial aid package for a student in the exact amount of the voucher.  How nice.  How helpful to lower-income families.

And here's some information about the implications of the decision from EdNewsColorado, a great website about educational issues, but it is focused primarily on Colorado. Since it's so close to the start of the school year, a number of families already planned to use the vouchers to attend the private schools.  So, what those families will now do is murky.

Congrats to the ACLU, but really, I still think the better argument lies with the Legal Center.

School Vouchers: the Discrimination Problem

This is Part III of my attempt to catch folks up on the pluses and minuses of school voucher programs, especially as they impact minorities and kids with disabilities.  As I've mentioned, there's a new school voucher program here in Colorado (in Douglas County).  The school district, obviously, thinks this is a good idea.

Again, the ACLU does not agree.  See earlier discussion here.

Plus, as discussed in this WSJ article about the voucher program, this looks like the classic case of vouchers "skimming off the top" - since the vouchers won't actually cover the entire cost of the typical private school, low income families really can't take advantage of them.  In essence, it looks like the vouches are subsidies to middle and upper class families, who can now leave public schools in favor of something they think is better.

Now, some states have actively tried to address concerns with school voucher programs by offering additional assistance to low-income families, and ancillary supports (like transportation).  Some have even enacted scholarship programs (another way to describe school vouchers) for kids with disabilities - Ohio, North Carolina, Arizona, Utah, and Florida, just to name a few.  (The 12 year old Florida McKay Scholarship, a leader in this movement, will be the subject of another post). This is a great development (check out this interesting piece in the NY Times.)

But, not so in this case here in Colorado!

Dyslexie, or, Technology Rocks!

This video has been around for a while, but it is so cool and such a great example, again, of how technology can help kids with special needs - in this case, specifically dyslexia.

If you go to this YouTube video, you will see a demonstration of a new typeface called "dyslexie", which was designed by a guy with dyslexia to be more readable and cause fewer errors for people with dyslexia.  (You can also go to the guy's website, but it's mostly in Dutch and I don't speak Dutch).

The idea is to have the font itself be a tool for reducing errors.  So, as the video explains, the English alphabet was not designed with dyslexia in mind!  There are only 26 letters, and many of them look alike - v and w, i and j, d and b and p and q.  The problem is ascerbated by sans serif fonts that are widely used (like Arial, and Helvetica, and ones that like.)  So, "dyslexie" emphasizes differences between letters, weights the letters on the bottom so that it's easier to see a "d" instead of a "p", angles some letters to make them look different, and emphasizes punctuation and the capital letters at sentence beginnings (so that it's easier to know when the sentence ends and a new sentence starts).

According to one study at the University of Twente, this actually works.  Now, it wouldn't hurt to have a few more studies verifying it, but hey, the essential points are still there: (1) make letters look more distinct from each other and; (2) make it easier to know when sentences begin and end.

I think it's so awesome when people use technology in creative ways to solve problems like this.  Practically speaking, I'm not sure how to get dyslexie across the pond and into books for kids (or onto computer screens).  But I appreciate now knowing that a couple of simple changes in the way words are presented could make life easier for a kid with dyslexia.

More on School Vouchers: the Religion Red Herring

As promised/threatened, there's a lot more to say about private school vouchers and whether or not state methods of implementing them work for students with special needs.

Just some quick background: school vouchers permit students to basically go to private schools on "scholarship", using public funds designated for each child's education.  The public school district pays the private school an allocation of funds per student enrolled via voucher, usually dependent on a formula concocted by dividing the number of enrolled public school students into the general education fund.

A lot of folks like the idea because it promotes competition between public and private schools, and provides choices and opportunities to kids who might not have very many options.  If you think about the problems of underperforming public schools in poor, urban areas, vouchers could allow kids in such areas (often, minorities) to access better education.  There's been quite a bit of research in this area, much of which supports the idea that competition breeds improvement, and better educational choices for underprivileged kids.  (See, for example, the wikipedia on school vouchers, which is actually very good and fairly balanced.)

Now, a lot of folks do not like school vouchers because they do muddle the line between public and private schools. And these folks have their own research arguing that vouchers lead to a lack of accountability, and not necessarily even improvement in test scores.  Furthermore, when the private schools are also religious schools, questions arise about whether public funds ought to be spent on religious education (the whole minor issue of separation of church and state, you know). 

Special Ed Basics - Parentally Placed Private Placements

You might be getting the sense that special education law and policy is more complicated than you originally thought.  Boy has it been a learning curve for me, and I am still on that curve.  One of the interesting little wrinkles that we need to cover (so that I can post about some recent developments) is the situation where a parent is unhappy with the public school services that her kid is receiving.  Maybe she disagrees with the amount of services, or doesn't think the service providers are effective.  She finds a local private school, enrolls her kid in the school, and then notifies the public school of her decision.

Assuming the simplest case (the school had provided FAPE, and there's no due process hearing, no litigation about that issue), the public school system is basically done with this kid.  The LEA has no obligation to provide special ed services to the child, and no obligation to pay the tuition for the private school.  On the side of the private school, the private school has no obligation to provide any special ed services because they're not a public school, and not subject to the requirements of IDEA.  (Charter schools are tricky.  They are usually public schools, and so are legally subject to IDEA, but the fact of the matter is is that they rarely offer adequate special ed services to students, even though they receive funds from the LEA to do so.)

So this situation can put parents in a difficult position.  On the one hand, they might feel their child's education is suffering in the public school - but at least the kid is getting some kind of special ed services, at no cost to the parent.  On the other hand, if they want a (presumably) better education at a private school, there are no included special ed services, and all this is coming out of the parents' pockets.

The IDEA does provide an outlet, but one that's a hard road to travel.  In order to get the public school system to reimburse for a parentally-placed private placement, the parent must prove that (a) the public school did not provide FAPE, and (b) the parents provided notice of their intent to remove their child.  To do this, the parent generally needs to file for due process (in order to prove the first prong).  This is hard - due process hearings can be long and drawn out, and meanwhile, the parent is paying for this private placement.  A lot of parents simply can't take on this financial and emotional burden.

So, some states have tried to offer alternatives.  In Florida, the McKay scholarships are offered to students on IEPs that want to attend private schools.  In Colorado, Douglas County is offering school vouchers on a pilot basis to kids that want to attend private schools.  In Wisconsin, the Milwaukee school district had a similar voucher program - that became the subject of a complaint filed with the DOJ.   Sadly, in all of these cases, there have been serious flaws in the implementation, and how the programs support (or, more accurately, don't support) kids with disabilities.  And that, my friends, will be covered in my next post on this topic.

Digital Textbooks Round II - Not what they're cracked up to be?

You know that I'm impressed by schools using iPads in the classroom, and hopeful about the potential of e-textbooks to radically change the delivery of educational content.  But lately, I've been reading a string of articles that are pointing out some of the real challenges to actual adoption of e-textbooks in our classrooms.  And it's worth considering some of these issues - better now than later.

Online Education - An Introduction

I've been following the growth of online education for awhile.  As you (faithful readers of my blog) well know, I definitely support the use of technology in the classroom to support varied learning styles and varied levels of development.  But online education has been a mystery to me.  On the one hand, it seems like the ultimate in individualized education.  But on the other hand, isn't some kind of general education, in a general classroom, with peers, the whole point of public education in the United States, and the entire idea behind IDEA?? (forgive the pun!)

Let's discuss. 

12 Years after Olmstead

Twelve years ago, the Supreme Court issued a decision in Olmstead v. L.C., a case about two women in Georgia who were institutionalized despite their preference for community-based living.  The Court held that the ADA prohibits the unjustified segregation of individuals with disabilities (meaning, public entities have an obligation to provide community-based living, not institutions, for individuals with disabilities wherever possible.) 

Just this past week, the Department of Justice - charged with enforcing the ADA - issued a statement re-enforcing its position on Olmstead's requirements that individuals with disabilities be integrated into community living as fully as possible.  You can read the report here, and I've summarized some of the key points below:

Does your child have dyslexia? Teach him Japanese!

I just read an article in the WSJ on this fascinating topic called Unlocking Dyslexia in Japanese.  In case you can't read it (I know it's subscription only), here's the gist:

A mom noticed that her 12-year old son, who had spent the past two years at a specialized school for kids with learning disabilities, was excelling in one class in particular at his new, mainstream school - Japanese.  Even though he could barely write legible English words, his Japanese characters were sharp and distinct.

Researchers have hypothesized that Japanese and Chinese - both languages where single characters represent entire words or ideas - may be easier for kids with dyslexia to learn.  Kids with dyslexia tend to think visually, and to rely on memorization to get through reading challenges - both skills that serve them well in decoding Japanese and Chinese.  Now, there's no getting around the fact that English-speaking kids with dyslexia are going to need to learn to read in English.  But teachers and developers of curriculum could design reading and writing programs to help develop methodologies that are more effective - working on repetition, memorization, pattern recognition, etc.

I love this story for several reasons.  First, I love that his mom didn't give up on him.  Yes, he was having difficulties in school, but she didn't assume that was irreversible, or somehow his fault.  She kept trying different ideas, and kept believing in him.  Second, the fact that a child with dyslexia may have an advantage in learning Japanese or Chinese characters is just yet another example of how we need to support a variety of brains!  Our kids learn differently because their brains are literally wired differently.  Let's support them, not try to change them.  Third, I'm fascinated by this school that offers instruction in Japanese.  Maybe instead of teaching kids French or Spanish (French being really only useful in restaurants, sorry Parisians), we should be focusing on Japanese or Mandarin Chinese.

And perhaps most importantly, this story shows just how far we have yet to go in understanding neuropsych disorders like dyslexia.  We need more research dollars, we need more creative thinking, and we need to raise awareness that these kids have amazing untapped potential.

Web Accessibility: Advanced Topics II - Copyright

Copyright!  My favorite!  It is the most commonly relied upon, and least understood, intellectual property right that we have in the US.  Everyone thinks that copyright law defends any and all uses of digital media, and that once you buy something (or, heck, rip it online), it's yours.

(Sidebar:  NO!  It's not!  You cannot "borrow" music files from ZenMaster201!  You cannot rip your own ringtones!  Fair use is a BAD defense!!!)

Ok, let's back up, now that I've gotten that out of my system.  For our purposes, here's a very brief summary of copyright law: The author of a original work is entitled to the copyright rights for that work - the right to reproduce, modify, create derivative works, distribute, and publicly perform the work.  These rights arise from the creation of the work (you don't necessarily have to register the work, or file it, like you would for a patent or federal trademark).  No one can modify your work without a license from you, unless they have a defense.  "Fair use" is such a defense - this is essentially the right to quote an article, or to parody a song, or to make scholarly comment on a book.  It helps your case if you're not commercially profiting from your use of the copyrighted work, and if your use of the work is small in comparison to the work as a whole.

Weekly News Roundup - Frontier flight gone wrong

Hey folks,

Last week's news roundup was pretty weighty, with the Arc's disability supports report, and the WHO's report on international incidence of disability (still plowing through that one myself!).  Nothing quite as big this week, but just one story that reminds me of how much further we have to go in our collective respect for those with disabilities.

Frontier Flight Gone Wrong. This past Sunday, a young man named John Morris who is quadriplegic was not permitted to stay on a Frontier flight from Dallas to Denver because the pilot thought it "unsafe" to permit him to stay.  The excuse was that since he had limited upper body control, it would be unsafe for him to fly.  Nevermind that there was no problem with his flight from Denver to Dallas two days earlier - John had simply used the seat belt extension that the airline carries to secure his chest, and he was traveling with two companions who were quite familiar with his needs.

In the discussion that followed, several passengers overheard Frontier employees saying that company products couldn't be used as medical devices.  (Wha?)  And so these passengers volunteered their own belts or whatever they could to help John.  That was rejected.  Instead, the pilot called the local police!  No really!  The police talked to everyone, concluded it was not a police matter, and told the pilot.  Pilot still refused to take off with John on the plane.   Finally, John and his family left the plane and boarded a later flight.

Repercussions for the pilot?  Zero.  Repercussions for Frontier (so far)?  Zero.

This kind of intolerance is unacceptable.  If you agree, let Frontier know, and vote with your feet.  You can file a complaint here.

Why Attorneys are Helpful (sometimes!)

I recently discovered a study that analyzed outcomes in due process hearings in Illinois, and whether or not outcomes were correlated with the parent having an attorney (the school board always has an attorney).

Dr. Melanie Archer looked at approximately 350 due process hearings in Illinois between 1997-2002.  The first thing to note is the relatively low rate of due process hearings compared to the overall number of children receiving special education services (about 300,000) - that's less than 0.2%.  So the next time a school district attorney complains about how special education is the "next big litigation explosion", take it with a grain of salt.

And then there's the question of outcomes - who wins?  Not the parents!  Parents lose 70% of the time. Twenty hearing officers made between 4 and 28 decisions during this time, with some officers never finding in favor of parents.

Welcome to Holland.

Today, I want to repost an essay I just found by Emily Perl Kingsley.  It seems to be quite well known in the disability community, but it was new to me and I want to share it more broadly.

 -------

I am often asked to describe the experience of raising a child with a disability - to try to help people who have not shared that unique experience to understand it, to imagine how it would feel. It's like this......

When you're going to have a baby, it's like planning a fabulous vacation trip - to Italy. You buy a bunch of guide books and make your wonderful plans. The Coliseum. The Michelangelo David. The gondolas in Venice. You may learn some handy phrases in Italian. It's all very exciting.

After months of eager anticipation, the day finally arrives. You pack your bags and off you go. Several hours later, the plane lands. The stewardess comes in and says, "Welcome to Holland."

"Holland?!?" you say. "What do you mean Holland?? I signed up for Italy! I'm supposed to be in Italy. All my life I've dreamed of going to Italy."

But there's been a change in the flight plan. They've landed in Holland and there you must stay.

The important thing is that they haven't taken you to a horrible, disgusting, filthy place, full of pestilence, famine and disease. It's just a different place.

So you must go out and buy new guide books. And you must learn a whole new language. And you will meet a whole new group of people you would never have met.

It's just a different place. It's slower-paced than Italy, less flashy than Italy. But after you've been there for a while and you catch your breath, you look around.... and you begin to notice that Holland has windmills....and Holland has tulips. Holland even has Rembrandts.

But everyone you know is busy coming and going from Italy... and they're all bragging about what a wonderful time they had there. And for the rest of your life, you will say "Yes, that's where I was supposed to go. That's what I had planned."

And the pain of that will never, ever, ever, ever go away... because the loss of that dream is a very very significant loss.

But... if you spend your life mourning the fact that you didn't get to Italy, you may never be free to enjoy the very special, the very lovely things ... about Holland.

c1987 by Emily Perl Kingsley. All rights reserved


Here's the original link

Weekly News Roundup - Arc Survey, WHO Report, and a TV show with a silly premise

Big news week, actually!  Let's dive right in.

ARC Report on Disability Supports:  The ARC is a great non-profit organization that focuses on improving and supporting the lives of people with intellectual or developmental disabilities (commonly shortened to I/DD).  This week, they released the results of a survey of 5000 individuals with I/DD and their family members about everything from employment and educational opportunities to family and local supports.  The full report is on the ARC website here.

The results were a little discouraging.  While progress has definitely been made - witness the closure of state mental institutions, for one thing - we are falling short in supporting individuals with I/DD.  Here are just some of the reported stats:

• 52% of families reported that their family member with I/DD left school without receiving a high school diploma, including 10% that never finished high school.
• Only 8% report having any college level experience
• 4 out of 10 parents report being dissatisfied with the quality of education their students with I/DD received in primary/middle (40%) or high school (38%).
• 85% of families reported that their adult family members with I/DD were not employed, either part-time or full-time.
• 58% of parents/caregivers report spending more than 40 hours per week providing support for their loved one with I/DD, including 40% spending more than 80 hours a week.
• 1 out of 5 families (20%) report that someone in the family had to quit their job to stay home and support the needs of their family member.
• More than 75% of families report they can’t find afterschool care, non-institutional community services, trained reliable home care providers, summer care, residential, respite and other services.
• 62% of families report that services are being cut in the community, limiting or eliminating access to community life and opportunities for their family member with I/DD.
• One-third (32%) of parents/caregivers report that they are on waiting lists for government funded services, with an average wait of more than five years. They are waiting for personal assistance, respite, housing, therapy, employment supports, transportation and more.

Given this situation, the ARC has issued a call for action to all of us.  We need to publicly support individuals with I/DD - support their inclusion in the community, education, and workplace opportunities.  We need to vote. 

World Health Organization Survey on Disabilities: For the first time since the 1970s, an NGO tried to determine the incidence of disabilities world-wide.  The WHO survey states that about 15% of the world population (about 1 in 7, or, 1 billion people) lives with some kind of disability.  Their disability categories included individuals with difficulties seeing, hearing, walking, remembering, taking care of themselves or communicating. Worldwide, the most common disability in people under the age of 60 is depression, followed by hearing and visual problems.

That's pretty similar to the 1 in 6 figure recently estimated by the CDC.  So while data collection and reporting may be imperfect (especially across international boundaries), at least it seems in the right ballpark.

In the forward to the report, Stephan Hawkings offered the thought that we, society, have a moral obligation to remove barriers to participation for individuals with disabilities.  After all, the chances are that all of us, at some point in our lives, will be disabled, temporarily or otherwise.  (Picture progressive vision or hearing loss; a temporary mobility problem; menopausal memory loss).  I'm not sure we're going to get very far towards social change, however, with a moral argument.

I'm hoping that there are economic or other arguments in the report.  Since it's 350 pages long, I haven't had a chance to fully digest it yet.  I'm sure I'll be posting more about it.

Switched at Birth: Ok, this TV show (on ABC Family) has the worst name, and the silliest premise of pretty much any show on TV right now.  You guessed it - it's about two families where the daughters were (drumroll) switched at birth!  Ugh.  However, it is oddly well done, and the reason I mention it here is that one of the daughters is deaf.  So she and her non-birth-mother-who-raised-her are fluent signers, she goes to a deaf school, and her best friend is deaf.  It's the first time I've ever seen people using sign on TV, and I think it's just great. 

You can download the first two episodes from iTunes for free, if you missed them.

And in personal news, I got my echo LiveScribe pen!  I am so excited to start making audio books for Siobhan.  I will let you know how it works out.

The Montessori Method for Special Needs Kids

From my posts lately, you might be justified in assuming that I think technology will solve every ill in our educational system.  Just to clarify: I don't think it will.  New technologies like e-readers, and the iPad, and the LiveScribe pen *could* change the classroom model, support inclusion and diverse learning styles, and drive a universal design for learning (UDL) approach.  But it will require flexible thinking and a willingness to change the status quo, support from school administrators, and changes to teacher training, both for teachers already on the job and those obtaining their education degrees.

Even without the latest gadgets and toys, however, classrooms can embrace the principles of UDL using a time-honored, well-researched approach - the Montessori Method.  One could almost consider Maria Montessori to be the earliest UDL proponent.  She was an educator, an advocate, and a researcher in children's education, primarily in Italy in the early part of the 20th century.

There are some great on-line resources that explain the Montessori method, which you can check out here and here.  (Which I would recommend you do, because I am not Montessori trained and certainly don't want to misrepresent the program).  Basically, the core idea is respect for the individual child, and her interests, pace of development, and ability to succeed.  A Montessori classroom is organized at the child's level, with appropriately sized worktables and tools (like sinks), and is designed to be a calm, home-like environment.  Montessori materials (or "work") are designed to engage all the senses.  Research has shown that kids who attend Montessori preschools are better prepared, and possibly even ahead of their peers in reading and math skills, for elementary school.

For kids with special needs, though, I think the Montessori approach has particular power.  Here's a non-exhaustive list of attributes of the approach that I think are great for such children:

LiveScribe! The Greatest Learning Tool since the Protractor!!

I stole that line from the presenter at the assistive technology conference I went to last week.  But it is TRUE!  And you know how much I love the iPad, so the LiveScribe pen has a lot to live up to.

Ok, here's the link to the website for LiveScribe, which provides some visuals and details about what the pen actually is.  Think of it as a smartpen, like your iPhone is a smartphone.  It really is a pen, with ink, used on paper - but it's also a mini computer, with incredible functionality.  When you use the pen on the LiveScribe paper and press the "record" icon on the paper, the pen starts recording the audio and tracks it to the notes you're taking.  Later, you can tap any of your notes and the audio that was recorded at the time you made that note will start playing.  You can also sync the pen with your desktop, and save the notes and audio on the computer.  And THEN you can email it, share it on Facebook, create a PDF of the notes.....pretty remarkable.

Its initial intended use was probably the high school/college student taking lecture classes and writing down copious notes.  Having the playback feature would be helpful to any highschooler, but probably critically helpful to kids who have trouble taking notes and listening to lectures at the same time (e.g., kids with executive function issues, or auditory processing disorders, etc.).  One could envision a peer notetaker using the device in class, and then giving his notes and pen to the student with special needs.  What a great device to support inclusion in the classroom!

What I find *really* exciting, though, are the potential uses of the pen for kids in preschool and elementary school.  They're not taking notes during a lecture - but they are learning to read and spell.  For this age group, the pen seems most effective in the hands of the teacher or therapist. You know how preschools and kindergarten walls are covered in words and maps?  Well, the teacher can draw dots on the LiveScribe paper, cut the paper dots out, and paste them next to each word, or perhaps on a location on a map.  The teacher can then "load" the dot with relevant audio - perhaps just saying the word, perhaps providing the definition of the word.  Later, with the pen (that created the dots), a student can tap the dot and hear the audio.

I mean, whoa!  This whole dot thing has SO many possibilities.  You can make ANY book an audio book, simply by pasting in a dot and loading it with audio of the words on that page.  A SLP could make an articulation worksheet, have the child practice drills, and then review the audio later.  Another use is that a child's speech support team at school could record the child's articulation, and then provide the data to the parents that night.  (Think of the disputes that could be avoided, if everyone is accessing the same objective data!)

Then you have the possibility of the teacher creating "pencasts".  Here, a math teacher, say, would use the pen and paper and record a lesson.  Then, she could upload the notes and audio, and provide the link to her students.  This could be used in a flipped-classroom model (like the Khan Academy, where the lectures are the "homework" and problem sets are done in the classroom), or, as extra support on topics that multiple kids find challenging.

The potential cost savings to school districts is remarkable.  The pen comes in three different models, with different levels of memory (kind of like the iPad), and the prices ranges from $99-$199.  The paper is $20 for a pack of 4 notebooks, which isn't bad, especially if you think about how many dots you can draw on a single page. 

And the sheer number of technologies that the LiveScribe system can replace is astonishing.  The pen, paper, and a document camera can be used to replace overhead projectors and Smart Boards (which cost thousands of dollars.)  Second, as I've mentioned before, a LiveScribe pen can replace adult notetakers assigned to support a specific child.  Third, there's really no need for special software/computers to make tests accessible to kids with motor difficulties - teachers can create accessible tests in 2 minutes using the LiveScribe pen.

I think this is only the tip of the iceberg when it comes to how this pen can be used to support kids - both typical and special needs - in the classroom and enable their academic success.  And I'd love to hear other ways that people are using the LiveScribe pen creatively, either in the classroom or otherwise. 

And no, I didn't get a free LiveScribe pen for writing this.  Sigh.  But I would gladly, gladly take one.

Weekly News Roundup - NY Times Expose, Time

Maybe I should call this the bi-weekly news roundup, but that doesn't have the same ring!

The big news this week was the  NY Times expose on abuses in institutions for the developmentally disabled.  It's appalling on so many levels - on the order of "this can't be happening today".  But it is.  If you haven't seen any of the coverage, check out the article - but only if you're already having a bad day.  If you're having a good day, save it for another time when you're already in a bad mood.

Time did a piggy-back piece, also depressing and a read-it-at-your-own-risk.  The author had an interesting angle, though, on the issue of power and authority, and likened what's been happening at institutions to some of the famous psychological experiments (Stanley Milgram, the Stanford Prison Experiment). 

Ok, let's find some happy news, can we? Mmmm, let's see, school budget cuts; various school districts are being accused of mishandling school vouchers for kids with disabilities; parents of kids with autism exhibit stress symptoms akin to combat soldiers (no really).....Well, this is a bit of a stretch, but I do like his work, and I do intend to post about his schools - take it away, Andre! Agassi's Charter Schools

AACs, and Social Skills, and Organization, oh my!

I've been attending an assistive technology conference this week, and man, I am so excited about the new technologies that can help our kids learn SO much and in such a variety of ways.

Wednesday's focus was the iPad, which all of you know, I am obsessed with (sorry, "with which I am obsessed").  I was really encouraged by the speaker, who had years of experience using an iPad with kids with language disorders and autism - and by the audience, largely comprised of school administrators, OTs, PTs, and SLPs.  How great would it be if schools got behind the iPad phenomenon?

Again, not to be a broken record, but what I love about the iPad is how customizable it is - and how affordable.  I want to run through some of the categories of apps that you might not have thought of as helpful to kids with special needs, as well as some of those that are specifically designed for speech, literacy, learning, and other difficulties.

And just as an FYI, I am a cheapskate, so I don't like to spend much money, if any, on apps.  A lot of the ones I've tried are free, but then again, some of the coolest ones require $3 or $4.  Pretty manageable (heck, that's 1/16th of one of Siobhan's speech therapy sessions!)

Special Education 201: What does FAPE really mean?

Since my earlier posts on Special Education law covered the really basic stuff,  this post will cover the next level up: What the heck is FAPE?

The actual text of the IDEA, and even the accompanying regulations, are (deliberately?) vague on this point.  After passage of the law, schools and parents disagreed on what FAPE even was, let alone whether or not it was being provided.  Is FAPE meant to bring kids with special needs up to the level of their peers - to even the playing field, as it were?  Or, is it designed to be an education that will enable that child to be self-sufficient as adult?  Different district and circuit courts used different formulas, and, as is often the case, where there's a split in the circuits, the Supreme Court is often willing to step in to resolve the matter.  They did, regarding FAPE, in the 1982 Board of Ed v. Rowley decision.

The Medical Malpractice Analogy, or, a Question of Trust

I recently heard a presentation about the importance of trust in the school district-parent relationship, especially when it involves a child receiving special education services.  Parents of kids with special needs are relying on the school to provide the services set forth in the child's IEP, and to provide their child with FAPE (a fair and appropriate public education).  If the system breaks down - the child isn't receiving the specified type, or amount, of services; the school isn't implementing the specified accommodations or behavior plan; the child is being "taught" by an unskilled aide in a trailer on the edge of campus (no really) - then that trust between the school and the parent is destroyed.  Even if the situation is resolved through an IEP meeting, or mediation or other dispute resolution process, how can the parents trust the school again?

The dynamic has permanently changed.  This particular parent, who may have been easygoing before, is going to be more demanding, more insistent on record keeping, and less trustful.  How can the school rebuild the trust?

Accessibility of Digital Educational Materials

So, in case you didn't know, the U.S. Department of Education has a Office for Civil Rights (OCR) that's responsible for, among other things, enforcing the ADA (as it applies to public schools) and the IDEA (the special education law).

Last week, the OCR issued some policy guidance on the matter of digital educational materials.  They first tackled this issue in June 2010, when the OCR issued what they call a "Dear Colleague Letter" (a "DCL", and no, I have no idea where they came up with that naming system) on the issue of postsecondary institutions using e-books.  Last week's DCL basically updated the June 2010 policy guidance and clarified that the same principles apply to elementary and secondary schools.

What's the concern?  Well, with the increase in use of e-books - and technology in the classroom more generally - the OCR is reminding schools at all levels that they "must ensure equal access to the educational benefits and opportunities afforded by the technology and equal treatment in the use of the technology for all students, including students with disabilities".  If teachers are using an online software program to track homework assignments, or assigning reading in e-books in lieu of paper textbooks, then these technologies need to accessible to all students, even those who may have learning disabilities, vision impairments, or anything else.  It really shouldn't be surprising - this is basic non-discrimination under the ADA, and isn't new law. 

Weekly News Roundup - Stop the Word, Khan Academy

I'm starting up a new feature for Fridays - I'll be summarizing some of the more notable events of the past week in the education, disability, and legal arenas (basically, what I found interesting).  Purely subjective - don't rely on me as your news source!

Probably the item that got the most attention across the press was the CDC's release of the study showing an increase in the rates of developmental disabilities in kids.  I'm still processing it myself.  It is just a number - but, like any statistic, it will (hopefully) have an impact on funding, and public awareness.  And it might even have an impact on educational policy and theories of inclusion.  I also hope it encourages a little more public acceptance.

Speaking of acceptance, the other big news was the public service announcement at the end of Glee sponsored by the .  In case you missed it, check it out on YouTube.  It's pretty powerful, and rightly a reminder that discrimination against the cognitively impaired is probably the last "acceptable" discrimination against a minority (possibly also obesity).

Lastly, our friends at the Khan Academy are in the news again!  This article in Business Week is a wonderful summary of how the Khan Academy started, and how it's being used in the Los Altos, California, school district (incidentally one of the best in the country, already).  Impressive out of the box thinking - both at the school district and at the Khan Academy.  Thanks for the tip, Jen!

1 in 6

The U.S. Center for Disease Control and Prevention (CDC) has just released results from a study that examined rates of disability in children ages 3-17, over a 12 year period from 1997-2008.  (You can read the whole report online here, but you'll have to buy a subscription to Pediatrics: CDC Report in Pediatrics).  Here's the high level summary:

• Between 1997 and 2008, the number of children with a disability rose from 8.2 million to roughly 10 million, or from less than 13% to more than 15% of all kids between the ages of 3 and 17. 
• The disabilities included in these numbers include autism, ADHD, learning disabilities, cerebral palsy, seizures, stuttering or stammering, hearing loss, blindness, or intellectual disability (formerly known as mental retardation).
• Nearly twice as many boys as girls had a disability.

That's higher than you thought, right? We're talking about significant numbers of kids in our school systems who need help in accessing their education.  I can tell you, though, that budgets for special education services - or for general education, for that matter - have not increased to keep up with these trends.

FCC Comment filed!

I mentioned awhile ago that, in connection with the passage of the 21st Century Communications and Video Accessibility Act, the FCC was seeking public comment to the development of its regulations.  (Brief intro here: Increasing 911 Accessibility).  Well, I did decide to file a comment, and I snuck it in under the wire - the deadline was today!

I've posted a copy of my comment to Google docs, and it's available if you want to read it there.  If you'd like to see your federal government in action, however, you can embark upon a search through the FCC site and try to find out where filed comments can be read.  (Want a hint?  Look for the electronic comment filing system).

In case you don't have that much time to read a 14 page document, I've excerpted my executive summary, intro, and conclusions here (tell 'em what you're going to say, say it, and tell 'em what you've said!)  But note that you don't read the full thing, you won't get to read my Roomba reference!

Apps for Special Needs: More Resources

Just have to pass along some links that a friend shared with me (thanks Lorri!)  These are worth checking out - a few more resources that recommend certain apps for special needs kids.  It's nice to have some independent recommendations before you shell out even $7 for an app.  The cost can certainly add up!

This link shows you what's in the iTunes Special Education store: Special Education in iTunes

And this link offers concrete recommendations for AACs, scheduling/prompting apps, and data collection apps: Teaching Learners with Multiple Needs.  (And I love the acronym YGWYPF re apps!)

A lot of apps that could be useful to kids with special needs (and the families that support them) have general applicability as well.  Organizational apps like Evernote, and the newer Awesome Note, help anyone with organizational tasks - with the added benefit that (a) the notes won't get lost and (b) are backed up on either your computer, or Google Docs.

Basic reading and letter-tracing apps are great for any preschooler, and might encourage a child who doesn't particularly like "old school" books to read and engage more with language.  There are similar math apps - everything from basic arithmetic to fractions and decimals.  There's even a graphic calculator app (do you remember the TI-81?  The big blue calculator?  I still have mine.  It makes me nostalgic for Calculus II and Mr. Greenberg.)

Communication and modeling, data collection, and scheduling apps are a little more special-needs specific.  Definitely check out the reviews for the AAC apps before you buy one, because they tend to be higher priced.

Happy app hunting!

Special Education Law Basics, Part Two

Again, in order to lay the groundwork for future posts and topics I plan to address, I want to make sure everyone has a basic grounding in the principles and acronyms used in special education law.  In my first post on the topic, I covered the super simple basics: how are special education services provided, and what's the legal standard used.  (Need a refresher?  Hit Back to Basics again).

As I've said before, the IDEA is both a funding statute, providing federal funds for state schools, and a civil rights statute, designed to rectify decades of discrimination against children with special needs.  In keeping with its role as a civil rights statute, the law provides procedural safeguards designed to protect the rights of children with disabilities and their parents.  Some of these safeguards consist of various notice requirements (e.g., the school must provide parents with "prior written notice" before changing the placement of a child).  Other procedures address what happens if the collaborative process envisioned by the IDEA breaks down. 

You can see, I'm sure, the possibility for big disputes between the parents and the school district concerning the education of a child with disabilities.  Some parents feel like inclusion isn't the best place for their child (as I discussed in The Inclusive Classroom); other parents feel like their child can succeed in a general education classroom, albeit with appropriate supports.  School districts, meanwhile, have limited resources, declining budgets, and staffing challenges.  The first step in a dispute between the school and the parent is informal dispute resolution, just as any parent would approach the school if the child was having an issue.  The parties can also request mediation, to be conducted by a neutral party at no cost to the parents.  (Mediation is a great option, and I'm a big believer in it).  After this, the escalation procedures are specifically laid out in IDEA.

Not again! ANOTHER update about words

Ok, so you'd think that maybe people in the public eye would have learned by now, given the slip-ups by President Obama, Rahm Emanuel, and Lady Gaga.  (See my earlier posts on this topic: A word about words and Lady Gaga Update  ). 

I suppose we are giving these folks too much credit, because yet again, someone thinks it's okay to use the r-word in a disparaging manner.  This time, a sports figure.

After Game 3 of the playoffs, LeBron James took offense at a reporter's question and muttered "that's retarded".  At the next press conference, he addressed the issue, saying it had been "blown out of proportion".  This is how he "apologized": "If I offended anyone, I sincerely apologize."  Well, yes you offended people; otherwise, you wouldn't have to apologize.  LeBron James and his apology.  So just actually apologize.  Maybe try to understand why your careless use of the word was indeed offensive.  Maybe reach out to disability organizations and use your bizarre amount of fame for a good cause.

Let's review:
1. It's not okay to use the r-word. 

1a. Really, don't use it when speaking to a reporter.  That's not a good idea.

2.  Spread the Word to end the Word.  You can "like" the facebook group, support the campaign through donations, or simply be a great role model in your own life.

Web Accessibility: Advanced Topics I

There are some interesting and challenging legal issues relating to the DOJ's anticipated regulations relating to the applicability of the ADA to website access.  (You can catch up and read my intro Web Accessibility and the ADA  if you missed it earlier.)  These are the kinds of issues that might not seem obvious - and might not seem all that important - but they are precisely the kinds of issues that make legislation and regulation in this area so difficult.

Because these issues are complicated, I'll break them down into separate posts.  Today, I'll talk about the hard distinction between public and private places on the internet.  Later on, I'll talk about copyright issues, as well as implications of international law.  (Fun, huh?)

Notes from the other side: Tips from a SD Conference

I recently attended a legal conference sponsored by the Colorado Department of Education.  I confess that I was a little nervous about attending; while it was certainly open to the public, and while I had at least two reasons to go (as a parent as well as an attorney), I still felt like I was snooping on the enemy.  In some ways, the conference was reassuring.  No one misstated the law (that I heard); no one said incredibly egregious things about parents (although the "angry parent" motif was quite common). 

Update: A Word about Words

Sigh.  Just when you think that something is so obvious NOT to do, someone does it anyway.

As you may or may not be aware, Lady Gaga made a major gaffe recently when she was interviewed by NME magazine (a British music magazine).  In response to a question about the similarities between "Born this Way" and Madonna's "Express Yourself" from the 80s, Lady Gaga said, " I'm a songwriter. I've written loads of music. Why would I try to put out a song and think I'm getting one over on everybody? That's retarded."

Sigh.

School Budget Officers, this one's for you

I've been reading my county's school budget document - insert joke about how I must have time on my hands - and it's not pretty.  Because of the recession, our school district is facing a declining budget for the third year in a row.  I imagine most school districts across the country are facing the same issues, especially as the Obama stimulus money runs out, and administrators will make some tough choices that could be detrimental to our kids.

So.  Let's be proactive, and think about how we can use technology and the principles of universal design for learning to cut costs without cutting quality.

The Inclusive Classroom: Pipe Dream or a Necessity?

As I mentioned in my intro post about the IDEA, Back to Basics: Special Education, one of the fundamental goals of the IDEA is to eliminate the "separate but equal" status of children with special needs.  Before the IDEA, kids with special needs were not only often in the trailer on the edge of the school campus, there were in a trailer no where near their home school campus.

Many, many parent advocates work tirelessly to promote inclusion.  In the terms of the IDEA, each child must be educated in the "least restrictive environment" appropriate for that child.  Ideally, this would be a general education classroom for all kids.  Now, the IDEA doesn't assume that all kids are going to thrive in a traditional classroom by being simply placed there.  Each IEP must consider appropriate supports and related services that can enable that child to succeed in the general ed classroom - not just be placed there.  These supplemental aids and services can include anything from nursing assistance, psychological therapy, and transportation.  They also include assistive technologies (as you know, a subject near and dear to my heart) such as AACs, PECS, LiveScribe pens, etc.

This is how the IDEA is supposed to work.  As you might imagine, despite great strides towards inclusion, there is some disagreement in the disability community as to what is actually best for the child.

Apps for Kids: Do they really teach anything?

I've posted a fair amount about how schools can use technology like the iPad to provide services and curriculum support to kids.  Tablet computers will likely replace paper textbooks at some point - and it's really easy to see that coming for graduate schools (maybe even colleges). But, one commentator rightly asked "are these things really suitable for elementary school kids?"  Good question: after all, one of Siobhan's therapists is adamant that we *not* use the iPad as her AAC because of the potential for breakage.

We've seen how young kids - even as young as 3 years old - have an amazingly intuitive ability to use tablet computers to play games and watch videos.  But is there really any learning value?

Thinking out of the (Classroom) Box

I am excited by any kind of educational technology that (a) individualizes a child's education, (b) maximizes teacher resources, and (c) saves schools money that they can deploy to other uses. Imagine my delight when I found an article in last weekend's Wall Street Journal about one entrepreneur who accidentally launched a fabulous way to teach math and other topics through YouTube videos.

Hopefully this link will work, but since WSJ is a paid subscription, it might not -  Turning the Classroom Upside Down.  Here's a quick summary: Salman Khan noticed that his 12 year old niece - a smart, engaged girl - was struggling in her 7th grade math class and was, in fact, tracked in a slower class.  Because Khan was in Boston and Nadia in New Orleans, they started with remote, 30 minute tutorials via Yahoo Doodle.  Soon, interest from other students inspired Kahn to create YouTube tutorials that Nadia and the other students could access on-demand.

News Roundup: iPads in the Classroom (Round II)

No, I don't work for Apple.  But, yes, I do think that the iPad is revolutionizing education - and has the potential to bridge general ed and special ed services like no other technology has done thus far.

I don't think an iPad is ever going to be a substitute for hands-on, individualized teaching.  But, it can really help kids with special needs access the general curriculum, and support their inclusion.  Picture this: a group of 5th readers is studying the solar system.  As part of that unit, the class gets to use the school-owned iPads for the after-lunch hour.  Instead of snoozing through the lesson, a couple of gifted and talented kids are using a star map, and calculating how long it takes light to get from one star to another.  A couple of other kids are tasked with the "general" assignment researching stars in the Milky Way.  One kiddo is using his iPad as a talker to ask the teacher questions about comets.  Another kiddo with cognitive disabilities using his iPad to read the chapter in his e-book that's based on the standard curriculum but targeted to his reading level.  Everyone is engaged, and productively learning at his or her own level.

I've recently read a couple of articles showing a continued interest in tablet computing (generally), and the iPad (specifically) in elementary and middle schools.  Here's an article about a Scottish school that deployed iPads throughout their middle school and high schools programs: iPads in the School.  What I liked about that article is how the author observed kids taking more risks, and trying things that they wouldn't try on paper - all because of the "undo" button.

Another article, Schools using iPads to help Kids with Autism, focuses more on the special needs side of the iPad.  Embedded in the article is the point that's so critical: the iPad costs *so* much less than the traditional AAC devices.  When our schools are faced with such funding shortages, let's spend the money wisely.  When IDEA was reauthorized in 2004,Congress added a section clarifying that school districts could use IDEA funds for assistive technology, even if one or more "non-disabled" kids would benefit from the use of those funds.  That was a great change.  A school can buy a few iPads to support kids with special needs, but can also use the iPads to offer all kids an interactive, challenging experience in the general curriculum.  Everybody wins.  Awesome.

Increasing 911 Accessibility

What happens if you are - or your child is - nonverbal and there is an emergency?

I think about this a lot.  If my daughter were lost, she wouldn't be able to tell anyone her name, let alone where she lives or any other identifying information.  And what about others in a similar situation - perhaps with more life-threatening conditions - where minutes count, but are lost because of communication gaps?

Back to Basics: Special Education

Given some topics that I want to address, I thought it'd be useful to provide a high-level summary of some of the basics of special education.  It has a lingo of its own, and it's useful to know common concepts and acronyms to navigate in this world.

First of all, special education is governed by the Individuals with Disabilities Education Act (IDEA), which was first passed in 1975.  It came about in the wake of the Brown v. Board of Education decision by the Supreme Court, which held, in 1954, that all children were entitled to education - that separate was inherently not equal.  IDEA is thus a civil rights statute, but is also a funding statute that provides funds to states in exchange for the states' commitment to certain minimum standards for special education programs.  (Note that IDEA is not, and has never been, fully funded.  It is currently funded at about 12% of its allocation).

Ok, so, who knows what special education *is not*?

21st Century Communications and Video Accessibility Act

Congress passed a surprisingly under-reported piece of legislation last October that's designed to make advanced communications, video (both traditional cable and broadcast TV, as well as Internet), and mobile phones more accessible to people with disabilities.  The chairman of the FCC called it "the most significant piece of disability legislation in 20 years".  He's probably right, which is why it's strange that no one knows about it. You can find the law here: 21st Century Communications Act.  Here's a short summary:

1. Browsers on smart phones must be accessible, and smart phones must be compatible with hearing aids;
2. FCC has the authority to ensure that people with disabilities can access next generation of 911 technology;
3. The top 4 broadcast and top 5 cable networks required to provide 50 hours of programming per week with video description;
4. Programs shown on TV with closed captioning must include such captions when reshown on internet; and
5. Emergency information typically shown as silent text crawl at bottom of screen must be made accessible to the blind.

e-Textbook Market Scaling Up

Do you remember lugging around a 15 pound backpack in middle school - with just half of your day's textbooks?  Those textbooks were heavy.  About the only thing I'd miss going through that with my kids is the ritual wrapping of the textbooks in old paper grocery bags.  (Do kids still do this?  It must be hard, given the scarcity of brown paper grocery bags).

Anyway, that's not likely to be an issue for much longer because e-textbooks are on the move.  There have been a number of recent newsarticles describing the trends in the educational book industry, and the signs are all pointing one way: the decline of traditional textbooks.

A word about words

Perhaps I'm about to expose my liberal arts background.  Or perhaps I'll be saying the obvious, but this post is about the importance of labels, and how the words we use to describe people with disabilities matter.

I think we'd all agree that language evolves, and evolves in such a way that words we've used in the past just aren't acceptable in the present day.  I know that some people get annoyed about what they view as "PC" attitudes (and indeed, did you see P.C.U.?  It was released when I was in high school, and I remember thinking it was funny.  Features Jeremy Piven, of more current Entourage fame, as well as George Clinton and Parliament.  Rockin.). And some believe that labels polarize people, accentuate differences and not similarities, and contribute to a feeling of divisiveness in our society.

Well, hopefully the 90s era of policitizing labels has passed, as we all have become more aware of the importance of respecting others as individuals, with their right to self-identify as they choose.  But, as in other areas, attitudes towards those with disabilities have lagged.  Three examples for you.

Medicaid and the iPad

File this one under example #873242 of how the federal government gets things wrong.

As you may or may not know, kids with special needs often can qualify under Medicaid (where their parents do not), or a Medicaid waiver, to cover certain medical and therapeutic expenses that would otherwise be prohibitive.  One example that I'm personally familiar with is an AAC device (which stands for Alternative Augmentative Communication).  An AAC device is any kind of assistive technology that helps a child (or, perhaps an adult who has suffered a stroke) communicate to others.  Examples include low-tech PECS boards and run all the way to dedicated picture-based "talkers" like the Dynavox or Vantage Lite.  (If you're really interested you can learn more at Dynavox and Vantage Lite).  Note that these dedicated devices - which look like archaic throwbacks to computers in the 1970s, btw - cannot do any other type of function.  And for the privilege of getting one, you can expect to pay somewhere in the neighborhood of $7-9,000. 

The Eggshell Child, or, "Are you Disabled Enough?"

As I explained earlier in Cloud Computing and Disabilities, disabilities are part of the spectrum of being human.  As the medical understanding of disability as changed, federal regulations have evolved to reflect this understanding as well. In fact, the IDEA 2004 recognizes that "Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society.  Improving educational results for children with disabilities is an essential element of our national policy ofensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities." 

The problem - and it's built into the same IDEA regulations -  is that special ed services are available only to those kids who fit into one of about a dozen boxes (e.g., specific learning disability, visual impairment, other health impairment, etc.)  On top of that, many school districts require there to be a significant discrepancy between the child's intelligence and academic performance to even offer the child services.  In some cases, this might mean that your child needs to be 2 standard deviations away from the norm on an assessment test. It's not enough to say that your child is struggling with reading; your child needs to be struggling with reading AND is performing at, say, the 16th percentile.

Web Accessibility and the ADA (Intro and Links)

Rather unbelievably to me, the Americans with Disabilities Act (ADA) celebrated its 20th anniversary last year.  That's right - until 1990 there *was* no ADA.  I suppose we should be pleased that I grew up in a country where I assumed that the ADA had always been in place.

But let's think about it for a minute: in 1990, there was no real Internet.  (Remember AOL?  and Prodigy?  ha!)  There was no Google.  No online banking, or airline ticket booking, or library services, or entertainment of any kind.  And so the ADA contains no provisions that address such scenarios.  As you might expect, there have been a number of lawsuits filed in the years since attempting to seek clarification as to whether the ADA does apply to websites offering services through their sites.  Courts have gone both ways, although the DOJ - charged with enforcing the ADA - routinely offered its non-binding opinion that the ADA did apply, at least in some situations.  (For you lawyers and other masochists out there, check out the suits and DOJ briefs here: NFB v. Target, Access Now v. Southwest Airlines, DOJ letter to Sen. Harkin, and the DOJ brief in Hooks v. OKBridge, which I was unable to find at press time.)

Cloud Computing and Disabilities, Part Two

As promised (threatened?!), here are the next few thoughts on the Coleman Institute/Silicon Flatirons conference I attended last fall.  Today I'll cover some of the perspectives offered by Michael Wehmeyer, a professor of special education at Kansas University, about cognitive accessibility.

Prof. Wehmeyer provided a brief history of the concept of "disability".  Originally, disability was understood as a medical/health problem - a problem within the individual person.  That person is viewed as "broken" or aberrant, as outside the norm and therefore requiring intervention.  This model casts a negative light on people with disabilities and in fact contributed to the infantilization of people with cognitive disabilities ("You are not "smart" like me; there is something wrong with you; I am going to tell you how you're going to live your life").

Universal Design and Learning

I think a review of the basics of universal design is in order, since I've already put the cart before the horse by talking about iPads in the Classroom.

The concepts of universal design will seem obvious once you know them.  The origin of universal design lies in physical architectures - how can we design structures to be used by anyone?  Well-known examples are curb cuts and wheelchair ramps: designed to enable people in wheelchairs to navigate streets and buildings, they also greatly help parents with strollers, delivery people with carts, or people who otherwise have trouble with stairs and steps.

iPads in the Classroom

The iPad is a great example of the kind of accessible technology that's going to change the world - a mainstream, multi-purpose device that's customizable, has built-in accessibility features, and incorporates the principles of universal design.  In this post, I'll cover some of the ways educators are experimenting with the iPad in the classroom.

I've been following with interest how some school districts and colleges have purchased iPads for their students.  See Apps in the Classroom,  iPads at Reed College, and Schools Embrace the iPad.  I thought each of those articles did a good job highlighting the pros and cons of technology in the classroom, and how both primary and secondary schools found the iPad a more flexible, cost-saving, and multi-purpose device  than other new technology (such as the Kindle).  I'd point to the iPad's embrace of universal design principles as the reason why that tablet is proving more appealing to kids and schools.  Of course, there's also the story of the school district that purchase iPads for its school board so that...they could take more efficient notes during meetings??  I will decline to pass judgment on that one).

Educational publishers are on board with adopting new technology, too.  According to some estimates, the market for educational technology now tops $8 billion each year.  Publishers can't afford to see that money go elsewhere (to, say, Apple and its hordes of app developers).  The Houghton Mifflin Harcourts and Pearsons of the world need to partner with schools to create the textbooks and classroom materials of the future.  And in that scenario, everyone wins: publishers retain their market share, schools obtain educational materials in an efficient channel that makes the most of limited budgets, and students develop technological skills, and access to cool ways of learning educational materials that traditional textbooks can only hope to rival.

I'm excited by the risk that these schools are taking - they are definitely ahead of the curve when it comes to integrating technology into the classroom.  But I do have more questions than answers.  What is the breakage rate of the iPads?  (Seriously - I've heard this as one of the reasons that we should buy a traditional AAC for our daughter vs. an iPad with Proloque2Go).  Who is providing training for the teachers on how to use the iPads effectively?  Are they integrating the iPad into the special education services for kids on IEPs?  Are school districts with disadvantaged students as willing to take this leap over the digital divide?

For one school's answers to some of these questions, check out the Bronx Middle School blog at Bronx Middle School iPad Blog