Education
Disability Rights Center advocates for students with disabilities to enforce and protect their rights to special education and related services under the Individuals with Disabilities Education Act (IDEA), and Section 504. We do this through individual advocacy, state complaints, due process and collaboration with other special education advocacy organizations, to ensure that students with disabilities have access to a continuum of placement options in the least restrictive environment possible.
Disability Rights Center advocates for individuals to acquire or maintain devices or services that empower them to be successful in employment, education, community life and independent living. Of particular need are students with disabilities in the public school system who are receiving special education services but have been denied appropriate evaluations or services in the area of assistive technology.
Statement from Secretary of Education on Common Core State Standards
6/2/2010 - U.S. Secretary of Education Arne Duncan has issued a statement on the release by the National Governors Association Center for Best Practices and the Council of Chief State School Officers of a set of state-led education standards known as the Common Core State Standards. The Standards represent a set of expectations for student knowledge and skills that high school graduates need to master to succeed in college and careers, and include information about the importance of challenging, and supporting, students with disabilities to excel within the general curriculum and be prepared for success in their post-school lives.
The Condition of Education 2010
5/27/2010 - The National Center for Education Statistics has released the Condition of Education 2010, a report summarizing important developments and trends in education using the latest available data. The report presents 49 indicators on the status and condition of education, in addition to a special section on high-poverty schools. Among the data reported relating to students with disabilities — 95 percent of the children and youth who received services in 2007-08 were enrolled in regular schools, and 6.6 million children and youth, representing 13 percent of public school enrollment, received special education services. Of those who received these services, 39 percent did so for a specific learning disability. The entire report (429 pages) can be downloaded in PDF format.
GAO Report : Widespread Special Needs Abuse in US Schools
5/22/2009 - Government Accounting Office (GAO) found no federal laws restricting the use of seclusion and restraints in public and private schools and widely divergent laws at the state level. Although GAO could not determine whether allegations were widespread, GAO did find hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades. Examples of these cases include a 7 year old purportedly dying after being held face down for hours by school staff, 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses, and a 13 year old reportedly hanging himself in a seclusion room after prolonged confinement. Although GAO continues to receive new allegations from parents and advocacy groups, GAO could not find a single Web site, federal agency, or other entity that collects information on the use of these methods or the extent of their alleged abuse. More »
ACLU Report on School Bias
5/1/2009 - The ACLU of Northern California has released a report on school bias and pushout in the public school system: Schools for All Campaign: The School Bias and Pushout Problem (Nov. 2008)
Annual State Filing Available For Inspection
In accordance with federal regulations governing Part B of the Individuals with Disabilities Education Act as amended in 2004, the Annual State Application under Part B from the Arkansas Department of Education is available for public review from Sunday, March 1, 2009 through Wednesday, April 29, 2009. Written public comment will be accepted from Monday, March 9, 2009 through Tuesday, April 7, 2009.
Copies of the Application may be obtained at the Arkansas Department of Education, Special Education Unit, 1401 West Capitol Avenue, Suite 450, Little Rock, AR 72201 or via the Arkansas Special Education website by clicking on Application – Use of Funds.
Written public comments should be submitted to: Marcia Harding, Associate Director, Arkansas Department of Education, Special Education Unit, 1401 West Capitol Avenue, Suite 450, Little Rock, AR 72201.
Basic Individualized Education Plan (IEP) Training
Come join us March 16th to learn about the Individuals with Disabilities Education Act (IDEA) Basic Individualized Education Plan (IEP) training. Presented by Rodney Farley,Parent Consultant For Title V Children with Special Health Care Needs, At Alma Public Library, 624 Fayetteville Ave., Alma, AR 72921. Hours are 6:30 PM to 8:30 PM.
Any questions, please call Rodney Farley, (800) 482-5850 Ext. 22277. Meeting being sponsored by the Parent Advisory Council, Crawford Cty. Parent Representative, Amanda Steele steele267[at]yahoo[dot]com
NDRN Investigative Report Released
1/26/2009 - The National Disability Rights Network has released the report "School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools". The report brings to light the disturbing trend of the abusive restraint or seclusion in use nationwide which has resulted in injury, trauma, and even death to children with disabilities. To read the report, in PDF format, download it here.
DRC Responds to ADAAA Guidelines
"The Americans with Disabilities Act Amendments Act (ADAAA) includes specific guidance that school districts must use in determing whether a student's impairment 'substantially limits' a major life activity," according to Dana McClain, Senior Staff Attorney for Disability Rights Center. "The ADAAA provides that the question of whether or not an individual has a disability should not demand extensive analysis. In this way, the ADAAA seems to say that determining whether a student's impairment 'substantially limits' a major life activity should not be a difficult task," McClain added.
The ADAAA provides this guidance about disability determinations:
- The term substantially limits, as part of the ADAAA's definition of disability, must be construed in favor of broad coverage of individuals under the act.
- An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
- An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
- The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures. These include medication, mediacal supplies, equipment or appliances, low-vision devices, prosthetics, including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplices. Further school districts cannot consider the use of assistive technoloty, reasonable accommodations, auxiliary aids or services, or learned behavioral or adaptive neurological modifications. Ordinary eyeglasses and contact lenses are not included in this provision.
The ADAAA takes effect January 1, 2009.
Arkansas AG Responds to Inquiry
December 22, 2008 - An inquiry from Senator Steve Faris asks if the state's School for the Blind and School for the Deaf qualify as "free public schools" and as such must receive academic facilities funding from the state in a manner similar to that provided to public schools --i.e. sufficient to provide a substantially equal opportunity for an adequate education. To read the Attorney General's response click here.
Department of Education Issues Final Regulations Amending the Individuals with Disabilities Education Act (IDEA).
On December 1, 2008, Office of Special Education and Rehabilitation Services (OSERS) issued final regulation amending its IDEA regulations at 34 C.F.R. Part 300, which go into effect on December 31,2008. These regulations amend several provisions including:
- School districts are now prohibited from taking a parent to due process when a parent revokes consent to the continued provision of special education services 34 C.F.R. Sec. 300.300(b)(4). However, before terminating services to the student the district must provide the parent with the prior written notice of their rights in accordance with 34 C.F.R. Sec. 300.503.
- The regulations now leave it up to State law to determine whether or not parties may be represented by non-attorneys in due process hearings. 34 C.F.R. Sec. 300.512(a)(1).
- Each recipient of Part B funds "must make positive efforts to employ, and advance in employment, qualified individuals with disabilities in programs assisted under Part B." 34 C.F.R. Sec. 300.177(b).
- A State Education Agency (SEA) must ensure that when they identify an area of non-compliance by a Local Education Agency (LEA), the LEA resolves the issue as soon as possible, but in no event later than one year after the finding. 34 C.F.R. Sec. 300.600(e). However, on a limited basis, a LEA may be able to obtain a Compliance Agreement with OSEP that would give up to three years to come into compliance.
- The State must annually report to the public the performance of each LEA on the State Performance Plan no later than 120 days following the SEA's report to the U.S. Education Department 34 C.F.R. Sec. 300.602(b)(1)(i)(A).
- Whenever the SEA receives notice that the Secretary of Education is taking an enforcement action against it, it must notify the public. 34 C.F.R. Sec. 300.606.
- LEAs, including public charter schools operating as LEAs, that establish their eligibility under IDEA must be given Part B or Part C funds even if they are not serving any children with disabilities. 34 C.F.R. Sec. 300.705, 815 and 817.
To read the Department of Education's final regulations click http://edocket.access.gpo.gov/2008/pdf/E8-28175.pdf
DRC wins state complaint against Searcy County School District.
10/07/08 - Disability Rights Center, Inc. (DRC) filed a complaint with the Arkansas Department of Education (ADE) on behalf of a student in the Marshall High School. The ADE concluded that there is sufficient evidence to substantiate the allegation that the district failed to provide a behavior support plan that taught socially appropriate replacement behavior with positive behavioral interventions and supports. The District was directed to arrange and provide training regarding positive behavioral interventions and supports to all Searcy County School District building Administrators and Special Education personnel by an outside agency. The District will immediately initiate a CIRCUIT referral for the student to develop an appropriate behavior plan. Training for all staff involved educationally with the student with regard to the Behavior Plan will be conducted. The ADE also concluded that there was sufficient evidence that the District failed to provide the Least Restrictive Environment (LRE). The District was directed to arrange for training for all special education staff on the continuum of services by an outside agency. The District will convene a referral conference to discuss placement and programming in consideration of all data available for the student. The ADE concluded there was sufficient evidence that the District failed to identify the student as a child with a disability in need of special education services under IDEA. The District was directed to immediately convene a referral conference to consider all evaluation, medical and psychiatric data and possible placement for special education services with respect to the continuum of services. The District is to consider all supplemental aides and services that would allow the student to be successful in the general education curriculum. The ADE concluded that there is a systemic issue that should lead to monitoring of the placement of students in the ALE and the applicability of the continuum of services. The District will immediately contact the SEA supervisor to determine the procedures for a monitoring and documentation that will be required.
ADE finds Child Find violations in Lafayette County School District.
10/07/08 - Disability Rights Center, Inc. (DRC) filed a complaint with the Arkansas Department of Education (ADE) on behalf of a student in the Lewisville High School. The ADE concluded that there was support for the Complainants allegation that the District failed to follow required due process procedures for identifying a Student with disabilities, meeting the requirements to conduct Child Find. The District was directed to conduct a referral conference and obtain an Informed Consent in order to conduct an assessment in all areas of suspected disability, including Emotional Disturbance under the IDEA categories of eligibility. The District was directed to conduct a comprehensive evaluation and any necessary specialized assessment, and hold an Evaluation/Programming Conference. If the student is found to be eligible, then the District is directed to develop an IEP with appropriate supports and services to address the student's individual needs. The District is directed to provide training on Child Find and due process procedures to all certified staff. The ADE indicated that since the student is an identified student within the meaning of Section 504 of the Rehabilitation Act and, as such, has a Section 504 Plan, the issues of FAPE and LRE can be subject to investigation under Section 504. If the Complainant wishes to pursue such an action, the Complaint may be made to the Office of Civil Rights.
DRC files state complaint against the Grant County School District.
07/21/08 - Disability Rights Center, Inc. (DRC) filed a state complaint on behalf of a student in the Sheridan School District who had been denied benefit from IDEA and Section 504 services and placed in an Alternative Learning Environment (ALE). DRC believed there was evidence that the District had failed to meet requirements to conduct Child Find but ADE founded as no support. The ADE did conclude that there was support that the District failed to apply standards for the conduct of an initial evaluation consistent with 34 CFR 300.303-300.311. The District is directed to conduct a Referral conference and obtain an Informed Consent in order to conduct a comprehensive Evaluation in all areas of suspected disability to include addressing the components for determination of an emotional disturbance as well as Other Health Impairment.
 New Education Advocate Named
We feel very fortunate to announce that Barry Vuletich has joined the Disability Rights Center (DRC) staff as an Education Advocate. Barry grew up in Pennsylvania. After joining the Air Force he was stationed in 1975 at the Blytheville Air Force Base where he was a police officer. He moved to Little Rock in 1984 and earned a bachelor's degree in criminal justice from the University of Arkansas in Little Rock. He has also worked toward a master's degree in that field.
Barry has been advocating for the rights of people with disabilities for over 24 years. In 1986 Barry began employment at DRC (formerly Advocacy Services, Inc.) where he worked in the Client Assistance Program; Protection and Advocacy for the Developmentally Delayed Program; and developed an Intake system which helped provide information and referral to initial agency callers. In 1992 Barry went to work for Arkansas Rehabilitation Services where he held several positions; Manager of Consumers Affairs, ADA Coordinator; Executive Director of the Governor's Commission on People with Disabilities; and the Program Administrator for Increasing Capabilities Access Network (ICAN) program.
Barry has served on a number of local and Federal committees pertaining to disability related issues. He has received and conducted a multitude of trainings on the ADA, Individuals with Disabilities Education Act (IDEA), Section 504, Fair Housing Act, Air Carrier Act and disability sensitivity training. He has conducted hundreds of accessibility surveys on all types of buildings and has served as an expert witness for ADA cases. Barry has been recognized with several awards for outstanding achievements in the disability field.
Part B - Annual State Application for Public Comment
In accordance with the federal regulations governing Part B of the Individuals with Disabilities Education Act as amended in 2004, the Annual State Application under Part B and Interactive Worksheet (Updated 3/11/08) from the Arkansas Department of Education was available for public review and comment from March 11, 2008 until May 9, 2008. Comments were submitted to Ms. Marcia Harding, Associate Director, Arkansas Department of Education, Special Education Unit, 1401 West Capitol, Suite 450, Little Rock, AR 72201.
News
The Supreme Court has ruled, per curiam, that it was affirming the Second Circuit decision in Tom F. The Second Circuit had ruled in favor of the parents that 1997 amendments to the IDEA did not require that parents must first place a student in a public school before being able to seek reimbursement for a unilateral private school placement. [more] (pdf)
Education Links
- Arkansas Department of Education, Special Education Unit
- http://arksped.k12.ar.us
- Arkansas Autism Network
- An online support and discussion group
- http://health.groups.yahoo.com/group/ArkansasAutismNetwork
- Arkansas Governor's Developmental Disabilities Council
- http://www.ddcouncil.org
- NAIMI Arkansas
- A non-profit, grassroots organization dedicated to improving the lives of persons with severe mental illness, their families, and their communities
- http://ar.nami.org
- AR Disability Coalition/Parent Training & Information Center (PTI)
- The Parent Network forms support groups, parent mentoring, and provides parent training. There are links for educational and legal resources as well as regional information on service providers.
- http://www.adcpti.org
- National Information Center for Children and Youth with Disabilities.
- http://www.nichcy.org/
- No Child Left Behind Act of 2001
- http://www.ed.gov/policy/elsec/leg/esea02/107-110.pdf
Self-Help Materials
Available as a presentation in PowerPoint (.PPT) format in a compressed (.ZIP) file, and as a handout in Adobe (.PDF) format. You may need a file compression program such as ZIP to expand the presentation files, though some modern operating systems will open these without additional plug-ins.
- IDEA Overview
- Education is paramount in the lives of children with disabilities. In 2004 the Individuals with Disabilities Education Act (IDEA) was reauthorized and the implementing regulations were issued in 2006. This is a quick overview of how the law can be used effectively by families in order to obtain appropriate educational services for children with disabilities.
- The IEP
- A look at the Individualized Education Program, for parents and trainers alike.
- The Advocate in You
- What is advocacy and how to be an advocate for yourself and others.
- The Legal Rights of Children with Disabilities
- Special Education law, Section 504 and IDEA.
IDEA Videos Online
The US Department of Education has compiled a number of video clips which describe IDEA 2004
DRC Priorities for Education in Fiscal Year 2010
- DRC will assist students with disabilities to advocate access to a continuum of placement options in the least restrictive environment.
- DRC will investigate claims of denial of access to a continuum of placement options, including suspension, expulsion and manifestation determination, which result in a change of placement due to disability related behaviors.
- DRC will represent students with disabilities who are referred and/or placed inappropriately into alternative learning environments.
- DRC will assist to improve the quality and effectiveness of the transition plans for students with disabilities.
- DRC will represent students with disabilities in the public school system receiving special education services that have been denied appropriate evaluations or services in the area of assistive technology.
- DRC will inform people with disabilities of their legal rights at trainings conducted by DRC and other organizations.
- DRC will conduct community trainings on the services DRC provides, sensitivity awareness and on specific topics related to DRC priorities as requested by other agencies.
- DRC will raise issues that affect the lives of people with disabilities at meetings attended by policy makers and/or people with disabilities.
- DRC will serve on the Arkansas Advisory Council for the Education of Individuals with Disabilities to advise the Council on ways to stop discrimination against children with disabilities in public schools.
- DRC will network with the PTI and other disability groups to develop mini-conferences in unserved areas of the state.
- DRC will inform people with disabilities of their rights through the publication and dissemination of pertinent information.
- DRC will print and distribute "A Parent's Guide, Civil Rights/Education" Bluebooks to inform persons how to stop discrimination against students with disabilities.
- DRC will distribute "IDEA, a Parent's Booklet" (companion to the Bluebook) to inform persons how to stop discrimination against students with disabilities.
- DRC will inform parents about assistive technology by disseminating brochures explaining assistive technology, devices and/or services.
- DRC will provide timely information on each DRC program, upcoming events, cases, investigations, legislation, etc.
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