Sunday, November 17, 2013

KGK's case featured on Wrightslaw

See KGK's case featured on
New Case - Charter School in Contempt, Must Pay $176,722! - Pursuant to the "stay-put / pendency" statute (20 USC 1415(f)), on November 4, 2013, the United States District Court of Arizona held the "tuition-free, public charter" Flagstaff Arts and Leadership Academy in contempt of Court and ordered them to pay $176,722.00 for the child's private placement by November 15, 2013 or face further sanctions. (Click here for ruling of Contempt and Order to pay.)

While the child was enrolled in the charter school, the parent contested the IEP, removed the child to a private placement and requested a due process hearing. The Administrative Law Judge ruled in their favor. The school appealed and the parent's attorney, Hope Kirsch filed a Counterclaim. (Click here for Counterclaim). The Charter School asserted that they could not afford to pay. The Court noted that their problem is "an allocation of resources problem, not an absence of resources." We will keep you posted.

Thursday, November 14, 2013

Hope Kirsch to speak at Wrightslaw Special Education Law and Advocacy Training

Hope Kirsch has been invited to speak at the
Wrightslaw Special Education Law and Advocacy Training
Friday, November 15, 2013
Wrightslaw Special Education Law and Advocacy Conference, a Wrightslaw training program featuring Pete Wright, Esq., is being sponsored by the Autism Society of Greater Tucson. This workshop price reflects a grant received from The Arizona Developmental Disabilities Planning Council and has also been underwritten by the Autism Society Greater Tucson, Southern Arizona Network for Down Syndrome and The Arc of Tucson.
The program will be held at:
Casino del Sol Resort, Spa and Conference Center
5655 West Valencia Road
Tucson, AZ 85757

Program Description

One-day special education law and advocacy programs focus on four areas:

  • special education law, rights and responsibilities
  • tests and measurements to measure progress & regression
  • introduction to tactics & strategies for effective advocacy
A day-long hands-on special education workshop designed to meet the needs of parents and professionals serving children and teens with disabilities.

Topics: IDEA history and overview, special education and related services, child find, least restrictive environment, extended school year, mainstream, inclusion, understanding tests and assessments, procedural safeguards, Section 504, prior written notice, and IEPs.

8:00-9:00Registration and Continental Breakfast
  • IDEA History and Overview
  • Section 1400 Findings, Purpose
  • Section 1401 Definitions: Special Education, Related Services, LD, etc.
  • Section 1412 Extended School Year, Child Find, Least Restrictive Environment/Mainstreaming/Inclusion, Private Placements, Statewide Assessments
  • Understanding Tests and Measurements, and the Bell Curve, Standard Scores, Scale Scores, % ranks, Grade Equivalent, Age Equivalent
  • Section 1414 Evaluations and IEPs
  • Section 1415 Prior Written Notice, Procedural Safeguards Notice, Mediation, Due Process Hearing, Appeal, Discipline, Age of Majority
  • Section 504, ADA, FERPA
  • NCLB No Child Left Behind
  • Litigation: Special Ed Caselaw
  • S.M.A.R.T. IEPs
  • Special Ed Advocacy for the Parent, Advocate, and Parent’s Attorney
  • Legal, systemic and “school culture” obstacles to compliance with IDEA-04
The Parent as the Special Ed Manager and Expert
  • Developing the Master Plan
  • Knowing the Rules of the Game
  • Recognizing and Avoiding the Fatal Obstacles
  • How to Deal with Conflict, a Healthy and Normal event
  • Crisis, Emergency, Help
  • Organization of the Child’s File
  • Tactics and Strategies
  • Rule of Adverse Assumptions
  • Private Evaluations
  • Paper Trails
  • The Letter to the Stranger
  • 5 Ws + H + E
  • Preparation for Meetings
  • Meeting Strategies
4:00-4:30Questions and Answers

Wednesday, November 13, 2013

Children who are flight risks-New York Times

The attached story is real.  If your child is - or may be – prone to running away, make sure a plan is written into the IEP on how to prevent your child from running away, who at the school should be contacted, and when and how to contact you.  Ask about training for staff for your child if he or she is flight risk.  Ask about measures the school can take to prevent your child from running away, and a plan of action in the event your child does run.  Inform the school about triggering events, if you know.  You may also want to ask for an FBA.  The most important thing to do is to notify the school, including the entire IEP team, if your child is a flight risk.

The Day My Son Went Missing