Know someone with dyslexia?  This documentary will give you some insight into their struggles, and the amazing accomplishments of some individuals with dyslexia.  You'll be surprised to learn who some of these people are.
The Big Picture: Rethinking Dyslexia

Remember, if your child has dyslexia, he or she may be entitled to accommodations under a "504 Plan," or an IEP for special education under the Individuals with Disabilities Education Act ("IDEA").  If you don't know if your child has dyslexia, but he or she struggles in school with reading or even math, then ask the school to evaluate your child.  Schools are obligated to evaluate students that the school's teachers or other school/education professionals (school principal, school nurse, etc.) "suspect" that your child may has a disability that might require special education.  The school's requirement is its Child Find obligation.      

Kirsch-Goodwin & Kirsch

Update on contempt citation against charter school

A Federal District Court ruled that an Arizona charter school (Flagstaff Arts & Leadership Academy) could not avoid paying $176,722 for our a student's (our client's) unilateral private placement simply by alleging that it lacked the funds needed to comply with a stay-put order. Determining the school could have paid at least a portion of the student's tuition if it had managed its resources more efficiently, the District Court granted our motion for a contempt citation. The court rejected the school's unsupported claim that it did not have money to pay the student's tuition. Not only had the charter school hired four (4) attorneys to represent it in the ongoing FAPE (Free and Appropriate Public Education) dispute arising under IDEA (the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et. seq.), but the charter school had informed the court just 12 weeks earlier that it would be setting aside funds on a monthly basis to pay the student's tuition. U.S. District Judge H. Russel Holland questioned the school's more recent assertion that it was "unable to pay" any funds toward the student's tuition. "Based upon what is presently before the court, [the school] has an allocation of resources problem, not an absence of resources," Judge Holland wrote. Because the charter school did not offer any evidence to support its claim, the court found the school in civil contempt. It gave the school 10 days to pay the $176,722 already owed for the student's private school tuition, and reminded the school of its obligation to continue funding the student's placement under the IDEA's "stay-put" provision.

www.azspecialeducationlawyers.com

ESY data

Your child's IEP team (which includes YOU, the parent / grandparent / legal guardian) will be making a decision in the coming months about whether your child qualifies for ESY (EXTENDED SCHOOL YEAR).  The decision must be based on data.  Ask your child's teacher or case manager what data is being collected before the coming holiday break so that your child's level of regression and recoupment can be measured after school break.  Your child may also be entitled to ESY if he or she is at a critical stage or point of instruction.
The IEP team must look at retrospective data, such aspast regression and rate of recoupment (which is based on data taken before and after school holidays/breaks) and also on predictive data, based on the opinion of professionals in consultation with you, the child’s parents / grandparents / legal guardians, as well as circumstantial considerations of your child’s individual situation at home and in hisor her neighborhood and community.
Happy holidays to you and your families,Kirsch-Goodwin & Kirsch.

KGK's case featured on Wrightslaw

See KGK's case featured on Wrightslaw.com.
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.

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
• SMART IEPs
• introduction to tactics & strategies for effective advocacy

Agenda

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.

8:00-9:00	Registration and Continental Breakfast
9:00-10:30	Introductions IDEA History and Overview Section 1400 Findings, Purpose Section 1401 Definitions: Special Education, Related Services, LD, etc.
10:30-10:45	Break
10:45-12:00	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
12:00-1:00	Lunch
1:00-2:30	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
2:30-2:45	Break
2:45-4:00	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
4:00-4:30	Questions and Answers

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

KGK wins another Due Process

KGK wins another Due Process Complaint. The issue in this case was the appropriateness of one special education school over another. The parents disputed a charter school's selection of a private school. The charter school claimed that the school where it wanted to place the child was the same as the school the parents requested.  The Administrative Law Judge did not agree with the charter school.  The judge found that the private special ed school the parents requested was appropriate for the student, and the one the charter school selected was not. So while schools can select location, the location/school must be appropriate for that child; it must be able to provide the student with a FAPE (Free and Appropriate Public Education). Not all private special ed schools are the same.  So while the private school the charter school selected is appropriate for other students, it is not appropriate for this particular student.
Read the full decision Pointe Educational Services. 
Congratulations Lori Kirsch-Goodwin!!!!!!!!