What is bullying? Is there a definition?

Bullying is behavior that is:
Unwanted
Aggressive
Imbalance of power – real or perceived
Repeated, or potential to be repeated, over time.




It is rare that a one-time event or episode will constitute bullying. 
Parents should report to the school authorities/administration every instance of their child being bullied, and the reporting should be via e-mail.  If parents merely tell someone at the school or phone it in, there is no record.

Kirsch-Goodwin & Kirsch, PLLC

U.S. Supreme Court throws out "mental retardation"

The U.S. Supreme Court is often divided, but they unanimously agreed recently on one point: the term "mental retardation" is no longer appropriate to use.  This may seem trivial and way too late.  Mental health professionals and most of us stopped using that term long ago as it recalls insulting playground inssults. 

But the decisions of the Supreme Court of the United States have broad impact, and the Court's action is a significant sign of society's progress toward treating each other with dignity.

See http://www.usatoday.com/story/opinion/2014/06/01/hall-florida-mental-retardation-intellectual-disability-supreme-court-column/9848687/

Arizona removed the "mental retardation" and "crippled" from state statutes in 2011 when Governor Jan Brewer signed House Bill 2213.

Intellectual disability is one of the categories under which a child between three years old and 22 years old may be found eligible for special education and related services:

(i) Autism.
(ii) Developmental delay.
(iii) Emotional disability.
(iv) Hearing impairment.
(v) Other health impairments.
(vi) Specific learning disability.
(vii) Mild, moderate or severe intellectual disability.
(viii) Multiple disabilities.
(ix) Multiple disabilities with severe sensory impairment.
(x) Orthopedic impairment.
(xi) Preschool severe delay.
(xii) Speech/language impairment.
(xiii) Traumatic brain injury.
(xiv) Visual impairment.


www.azspecialeducationlawyers.com

What to do if your child is being bullied?

If you are a parent (or legal guardian) and your child is being bullied at school, or you think your child is being bullied, here are some things you can and should do include:

• Email the classroom teacher, the SPED Director and the school Principal (or the Headmaster, if at a charter school) about your concerns;
• Meet with your child's teacher and follow that meeting up with an IEP about what you discussed;
• Ask for an IEP meeting (and remember, is a child with a disability is being bullied, that could be a denial of FAPE and/or disability harrassment);
• Read the school district and school's policies on bullying to assure the school is following its own policy which includes conducting an investigation. Arizona state law requires school districts to have anti-bullying laws. Make sure you know what your school district's  (or charter school's) policy is on anti-bullying.   

 Most important - make sure there is a record (emails are fine) of your reports of bullying, or even of suspected bullying.  Know what bullying is, and what it is not.

Kirsch-Goodwin & Kirsch, www.azspecialeducationlawyers.com

What to do when IDEA disputes arise

Special education attorney Hope Kirsch is presenting at this national training seminar on June 3, 2014:

When IDEA Disputes Arise, Create a Win-Win for Special Education Students

The Individuals with Disabilities Education Act (IDEA) provides options a parent can take to resolve disputes.  She will provide practical, cost-effective solutions, including thinking outside-the-box.
Selecting the remedy that best fits your situation and ensuring that it is effective, however, isn’t easy.
Join us for this special one-hour webinar to learn powerful strategies for resolving IDEA disputes.  During this informative session, special education attorney Hope M. Kirsch will reveal the common issues that lead to disputes, the most effective options available for resolving them, and the pros and cons associated with each dispute resolution process.
Session Highlights:

• The alternate dispute resolution options available
• The differences among the dispute resolutions procedures
• The pros & cons / advantages and disadvantages of each of the dispute resolution procedures
• When a school district is obligated to file a Due Process Complaint against parents
• Confidentiality rules in each of the processes
• Resources available
• Helpful hints to ensure that the child at the center of the dispute wins
• How to draft a state complaint
• How to draft a Due Process Complaint
• Statute of limitations
• The governing law

http://www.azspecialeducationlawyers.com/

Charter schools and students with disabilities

Comprehensive article covering the history of special education and the attitudes of (some) charter schools toward, and treatment of, students with special needs, from the perspective of a the author, Amy Silverman, a mother trying to find a charter school for her own daughter.
http://www.phoenixnewtimes.com/2014-05-15/news/charter-schools-children-with-disabilities/

Kirsch on anti-bullying

KGK's Hope Kirsch on ABC15 TV bullying story, "Arizona state law requires school districts to have anti-bullying laws."  The story is about the parents who are the real fighters but Hope gets her two cents in to stress the problem.
http://www.abc15.com/web/knxv/news/region-phoenix-metro/north-phoenix/arizona-state-law-requires-school-districts-to-have-anti-bullying-laws?searchType=ALL&compId=342728223

AIMS information for parents of 3d graders

Third grade parents/guardians:  

Did your child not pass AIMS?  

Is your child not being promoted to fourth grade as a result of not passing AIMS?  

Do you think that is a mistake?  

You should know that there are other considerations that could allow your child to be promoted even if he or she did not pass AIMS. 

This is the first year that third graders may be held back because they did not pass AIMS.  But success on that test should not necessarily prevent them from promoting to fourth grade.  Know your child's rights.

www.azspecialeducationlawyers.com