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TO: NDSC Members and Affiliated Parent Groups
FROM: Susan Goodman, Director, Governmental Affairs
DATE: October 12, 2005
Wrightslaw Website Offers Excellent Resources on I.D.E.A.
Supreme Court Hears I.D.E.A. Case
On Wednesday, October 5, the Supreme Court heard oral arguments in the Schaffer v. Weast case. This case addresses the issue of who has the burden of proof in cases related to the Individuals with Disabilities Education Act (IDEA).
Briefly, the parents of Brian Schaffer are contending that the school system must prove the Individualized Education Program (IEP) is appropriate. The school system is arguing that the parents must prove that the IEP is inappropriate. Advocates argue, among other things, that the school district has information about the child's functioning and his or her educational program that the parents do not have, so that it is unjust to place the burden of proof on the parents.
Following is a summary of first-person observations made by Pete Wright, author of the Special Education Advocate, an excellent e-newsletter about special education issues:
- There was no discussion regarding the rationale of the split rulings at the lower court level, nor was there discussion about Supreme Court case law regarding burden of proof when a statute is silent.
- Some Justices seemed confused about the facts of the case.
- Several questions and answers indicated that the Supreme Court may remand the case back to a lower court, or that the high Court could defer to Congress or the U.S. Department of Education to address the issue through IDEA, or that states could be allowed to assign the burden of proof.
Wright notes that he does not expect a written decision to be issued quickly. Although the Justices have already begun discussing the case, it will take quite awhile to draft, circulate and revise an opinion. Additionally, there is the possibility of a re-argument. He concludes that some observers have suggested that a decision may not be issued until next summer.
To read Pete Wright's summary of his impressions of the Schaffer case, go to:
http://www.wrightslaw.com/news/05/schaffer.oral.argument.htm
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Parent Attorney Gives Tips on Using I.D.E.A. 2004
Wayne Steedman, an attorney who represents parents in Individuals with Disabilities Education Act (IDEA) cases has written an excellent article entitled 10 Tips: How to Use IDEA 2004 to Improve Your Child's Special Education. According to Wrightslaw.com, parents learn "how to include research based methodology in the IEP and ensure that the IEP goals are comprehensive, specific -- and measurable. Learn about pitfalls to avoid, how to resolve disputes without a due process hearing - and what you should do if you cannot resolve your dispute."
In this article, advice is given on the following topics:
- Using the findings and purposes in IDEA 2004 to establish a higher standard for a free, appropriate public education (FAPE).
- Using IDEA 2004 and No Child Left Behind (NCLB) to obtain a better Individualized Education Program (IEP).
- Including research-based methodology in the IEP.
- Ensuring that annual goals are comprehensive, specific and measurable.
- Using new evaluation procedures to monitor both academic progress and progress on IEP goals.
- Giving consent only for evaluations or portions of the IEP to which you agree.
- Insisting that a child's regular education teacher(s) participate in IEP meetings.
- Avoiding three-year IEPs like the plague.
- Challenging suspension or expulsion if a child's behavior was a manifestation of the disability, or if the alternate placement does not provide FAPE.
- Avoiding due process hearings if possible.
You may access the article at the following address: http://www.wrightslaw.com/idea/art/10.tips.steedman.htm#7.
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On-Line Publication about Medicare Part D Prescription Drug Plan
Major changes in prescription drug coverage are going to be made on January 1, 2006. These changes primarily affect individuals who are known as "dual eligibles."
Dual eligibles are individuals who qualify for both Medicare and Medicaid. These individuals, who until December 31, 2005 have been covered by the Medicaid prescription drug plan, will now be receiving prescription drugs under the new Medicare Part D plan. It is important for families and individuals affected by the plan to be familiar with the new coverage.
The ARC and United Cerebral Palsy Disability Policy Collaboration has developed a web tool called Ensuring Continuity of Care for Dual Eligibles: A Guide to Transition From Medicaid to Medicare's Prescription Drug Coverage. It can be found at www.thedesk.info/PartD.
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If you have questions or comments about the Newsline, please contact Susan Goodman at Susang1961@aol.com. |
