[quote=http://online.wsj.com/article/SB118524665215575918.html] STAYING THE COURSE Parents
Face Long Odds When
the Then
the district appealed the decision to Paul F. Kelly, the The
McGlone case is part of a pattern that has many parents and advocates for the
disabled in an uproar. They say administrative reviews in many parts of the Although
relatively few disputes between parents and school districts reach the hearing
stage, the decisions set ground rules for how much extra assistance districts
must provide disabled students, who comprise 14% of all public-school students.
In recent years, schools have "mainstreamed" more students with
disabilities in regular classrooms, hoping to benefit the children through interaction
with nondisabled peers while saving money at the same time. The
battles reflect tension over the high cost of special education. In 1999-2000,
the latest year for which figures are available, national spending on special
education reached billion, according to the Center for Special Education
Finance, a nonprofit research group. In 2005-06, Target of Anger Last
week, about 20 lawyers for parents met to discuss possible legal action against
Mr. Kelly. Advocates for the disabled have complained about him to Gov. Eliot
Spitzer. John Farago, a City University of New York law professor and a New
York hearing officer, says Mr. Kelly is "rewriting the rule book" to
challenge precedents that enabled parents to put children in private schools at
public expense. A
spokesman said Mr. Kelly declined to comment because he serves in a
quasijudicial capacity. Kathy Ahearn, state education department counsel, said
Mr. Kelly decides each case on "its own unique facts" and the
department doesn't influence his rulings. Under
the 1975 federal law now known as the Individuals with Disabilities Education
Act, parents who believe public schools fail to provide their disabled children
with a "free appropriate" education may seek redress in a hearing
before an independent arbiter. In
some states, lawyers or retired school administrators work part-time as hearing
officers. Elsewhere, a full-time official handles special-education hearings as
part of a broader caseload. In __________________________
• What's Next: Parents' lawyers are
discussing legal action against __________________________
Administrative
review was conceived as a faster and cheaper way of resolving special-education
wrangles than going directly to court. But school districts soon considered it
a financial nightmare. When they lost, they often had to pay not only private
tuitions but also parents' legal bills. In
2004, Congress amended the disabilities act to require parents to attend a
mandatory "resolution session" with school officials before a
hearing. It also allowed a district to recover its legal costs from parents if
it wins at hearing and the complaint is deemed frivolous. Two
U.S. Supreme Court decisions also lengthened odds against parents. In 2005, the
court ruled that parents seeking relief must bear the "burden of
persuasion" in hearings. That means when both sides' evidence is equally
compelling, the hearing officer should rule in the district's favor.
Previously, in about 15 states, precedent or state law placed the burden on
districts, says education professor Perry Zirkel of At
hearings, parents rely on expert witnesses, such as child psychologists, to
offset testimony from teachers and other school staff. But the Supreme Court
ruled last year that, even if parents win hearings, they can't recoup
witnesses' fees -- often 0 an hour or more -- from districts. The
number of hearings nationwide dropped 31% to 4,170 in 2005-06 from 6,038 the
year before. Publicly funded placements in private schools, which had climbed
to 73,149 in 2004 from 52,012 in 1996, fell to 71,082 in 2005, the latest year
tallied by the U.S. Department of Education. The
Supreme Court's burden-of-persuasion precedent played a role last year when
Carolyn and Charles Johnson of East Islip challenged their school district, on Only
9.6% of the district's students were in special education in December 2005,
below a statewide average of 12.3%. The average special-education student cost Six
health-care professionals agreed that Andrew, who suffers from a form of autism
called Asperger's Syndrome, needed help with social skills. His kindergarten
teacher testified that he slapped classmates, leveled their building-block
towers, grabbed puzzle pieces out of their hands, and threw pretzels and
Play-Doh across the room. The
district argued that Asperger's wasn't hampering Andrew academically, and his
misbehavior wasn't unusual for kindergarten. Hearing officer Harry Kershen, a
retired school administrator, came down on Mr.
Kelly, the Mr.
Johnson, himself a middle-school principal in the New
York State Assemblywoman Catherine Nolan says the Supreme Court's ruling has
had a "chilling effect." A bill she filed to return the burden of
persuasion to districts has passed the Many
districts are also limiting outside experts' access to classrooms. In In The
federal government doesn't track the outcomes of administrative hearings. But
in most states that keep count, districts usually win. In One
School-board
lawyers say they're winning because special-education services have improved.
"Ten or more years ago, school districts frequently did not have adequate
programs," says Charles Weatherly, whose Some
parents and advocates for the disabled dispute that explanation. Former System Overhauled After
hearing reviewers in Prof.
Zirkel, the education professor at In
May, the U.S. District Court in In When
lawyers working for Mr. Kelly prepared decisions in favor of parents, he often
overruled them, according to two former staff members. Mr.
Cuddy and other parents' attorneys say Mr. Kelly's independence is compromised
by his relationship with Kathleen Surgalla, an assistant counsel for the state
education department. Ms. Surgalla has trained the part-time officers who
conduct the initial hearings and handled other special-education matters. Mr.
Kelly and Ms. Surgalla live together in an Mr.
Kelly and Ms. Surgalla declined to comment through a department spokesman. Ms.
Ahearn said department employees have an "obligation to keep business
separate from personal....I feel comfortable and certain that there's no
inappropriate conversation or influence going on." After
Mr. Kelly denied home-based autism therapy to the McGlones' son, they
considered moving out of "He
has the ability to learn to read, and that could change his whole world,"
she says. Write to Daniel Golden at dan.golden@wsj.com3 [/quote]
Schools Beat Back Demands For Special-Ed Services
Amid Cost Concerns;
Seeking a Home Tutor
By DANIEL GOLDEN
July 24,
2007; Page A1
CURBED APPEALS
• The Situation:
Parents face long odds in disputes with schools over special-education
services.
• The Background: Special-education costs
were billion nationwide in 1999-2000. Sending a child to private school at
public expense can cost more than ,000 a year.
Thanks for posting this. It's important for parents to know what they're really up against.
And thanks to whistle-blowers like former
East Islip and the super intendant is famous in long island for being the worst school district for spe. Its said to hear they are still consistent with their reputation.
Stay clear of East Islip.
With everything going on with Daniel's schooling, reading this made me feel very sad this morning. I hope that I never have to take battles that far, because I don't want my son to be lost to a system like this. Hopefully the government can reassess everything they're doing soon so more kids and families don't suffer from these sort of actions.. Reading stuff like this always sends a chill down my spine.My son's special ed lawyer emailed me this release yesterday. This is so unfortunate. We really have our work cut out for us if we hope to ever hope to overcome the issues that plague our kids and their families in the world of public schooling.
We are going to win, one battle at a time! These people, who are on the wrong side of the fence, are merely postponing the inevitable. We will kick their butts.
I have been really discouraged with the toxic atmosphere as well.[QUOTE=micki]I have been really discouraged with the toxic atmosphere as well.
I got a call from the principal of the school my ds is signed up for telling
me that she will have to take him but would prefer not having to. When I
called the special ed department of our district about that I was told
'well, they are taking him. What do you want" .
Having to work with people who have no problem letting you know that
your kid is unwanted and an inconvenience is soo discouraging. You can
make them take your kid but you can't force them to care.[/QUOTE]
I feel soooo sad that they said it -
I live in California .LIke the article stated, Parents in my school district have