May 2019 – Special Educator e-Journal



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Special Education Legal Alert

By Perry A. Zirkel

© April 2019

This month’s update concerns issues that were subject to recent relevant court decisions and are of general significance: (a) racial and ethnic disproportionality in discipline, and (b) eligibility of students with dyslexia under the IDEA classification of specific learning disabilities (SLD).  Materials relating to both of these issues are available on my website perryzirkel.com.

In Council of Parent Attorneys and Advocates v. DeVos (2019), the federal district court in D.C. faced a challenge to a July 2018 Department of Education regulation that postponed for two years the effective date of a regulation under the previous Administration concerning “significant disproportionality” of minority students in school disciplinary actions, including suspensions and expulsions.  More specifically, in response to a GAO recommendation for an improved approach for implementing this prohibition in the 2004 IDEA amendments, which included a 15% allocation of IDEA funding to rectify its violation, the December 2016 regulation required each state to develop a uniform methodology for determining significant disproportionality based on “risk ratios” for analyzing disparities for seven racial and ethnic groups.  The July 2018 regulation postponed the compliance date for two years, citing concerns about incentivizing “de facto quotas.”  The court issued its decision on March 7, 2019.    

In response to the Department’s initial defense, which was a challenge to COPAA qualifying for plaintiff status, the court concluded that the resulting reduction in access to information about districts engaged in disproportionate discipline sufficed for both organizational and associational standing.

The court did a rather thorough analysis of the applicable precedents, which especially but not exclusively in the D.C. Circuit are rather broad for this threshold litigation requirement as applied to informational access that is publicly required and that is germane to the mission and functioning of advocacy organizations.

Next, examining the merits of the challenge, the court ruled that the Department violated the federal Administrative Procedures Act in two ways: (1) failing to provide a reasoned explanation for the delaying regulation; and (2) failing to consider the costs of the delay, rendering this regulation arbitrary and capricious.

The court’s reasoning for the respective conclusions was: (1) the 2016 regulation had already considered and addressed the issue of racial quotas, and the Department’s “concerns” were superficial and speculative, and (2) the Department failed to adequately account for the reliance cost of the states and the delay cost for children, parents, and society.

After considering the various relevant factors, including the seriousness of the deficiencies, with due weight to the 18 months that states already had to prepare for the revised methodology, the court decided that the appropriate remedy was to vacate the delaying regulation rather than to remand the matter to the Department for further explanation.

It is not yet clear what the Administration will do in response to this unqualified nullification of its attempted change in the previous administration’s strengthened steps to implement the disproportionate discipline prohibition in IDEA 2004.  One option is an appeal to the D.C. Circuit, with a possible subsequent attempt for Supreme Court review.  However, the issue depends in part on current political priorities.

The bottom line appears to have a dual message: (1) the Trump Administration has hit another bump in the road in the Education Department’s rather consistent pattern of moving the primary gear from Drive to Reverse; and (2) states and districts should be prepared to address the requirement for more rigorous enforcement of the significant disproportionality prohibition for disciplining minority students.

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Two recent lower federal court decisions in Texas illustrate the problems of determining eligibility under the IDEA for students with dyslexia, particularly against the overlapping backdrop of the increasing number of state laws specific to dyslexia and the widened scope of Section 504 in the wake of the ADA amendments of 2008.

In William V. v. Copperas Independent School District, issued in December 2018, the basic facts were: (a) in grade 4, the district identified the student and provided him with dyslexia services in in accordance with the state’s dyslexia law, (b) in grade 5, the district conducted an IDEA evaluation that determined that he was not eligible as SLD.  After filing for and losing a due process hearing, the parents appealed to federal court.  The court concluded that (1) the district violated the IDEA by determining that the student did not qualify as SLD after diagnosing him with dyslexia, but (2) this violation was procedural and did not result in educational loss to the child, because the district continued to provide him with the same services after the evaluation.  Thus, the court granted summary judgment to the district.

This decision is factually blurry because (a) the student already had an IEP for speech impairment (SI), and (b) the district continued to provide the IEP to the student despite the evaluation’s conclusion that he was no longer eligible as SI.  However, the primary problem with the decision is the court’s confusion with dyslexia as one of the qualifying conditions for the IDEA classification of SLD without considering the second essential element for eligibility for all of the classifications—the need for special education.  Instead, however, regarding eligibility as merely procedural (which is a clearly questionable characterization), the court effectively added a second negative, by seeming to conclude that the dyslexia services that the student continued to receive amounted to special education.  The two negatives made for a positive for the district.  If the parent appeals the decision, the Fifth Circuit will hopefully provide a clearer and more completely correct analysis.

In T.W. v. Leander Independent School District, issued in March 2019, the basic facts were: (a) in grade 8, upon his enrollment in the district, the student received dyslexia services and accommodations under a 504 plan, (b) he earned a GPA of approximately 3.5 in grades 9–12 and performed generally well on the state’s proficiency tests, and (c) in response to his parent’s request in February of his senior year for an evaluation, the district concluded that he did not qualify under the IDEA because he did not need special education.  

This decision was also blurry to the extent that (a) the students was a star athlete who claimed that he received special treatment from teachers and coaches, including inflated grades and special help, (b) the court did not focus on SLD or any other classification, and (c) the IDEA issue here was a conflation of child find and eligibility.  Nevertheless, in contrast to the other recent Texas case, this court addressed what is often the key determinant for qualifying under the IDEA—the need for special education.  In doing so, however, the court did not provide a nuanced, much less clear, analysis of this essential criterion.     

The bottom line is that the typical state dyslexia law, Section 504, and the IDEA represent successively smaller concentric circles with fuzzy separating lines.  First but incidental to these two cases, dyslexia does not automatically and necessarily suffice for a 504 plan. Second and specific to the focus here, the diagnosis of dyslexia should not equate to IDEA eligibility w/o determination of the need prong.  Ultimately, both at a practical and legal level, the dividing line between (a) current practices in general education, including differentiated instruction, RTI/MTSS, and at least some dyslexia services, and (b) the IDEA eligibility criterion of special education need inevitably amounts to a judgment call that—among evaluators and adjudicators—is not entirely clear, consistent, and devoid of the circumstances.


Transition to Adulthood

A Quick Summary of Transition

Transition services are intended to prepare students to move from the world of school to the world of adulthood. Transition planning begins during high school at the latest. IDEA requires that transition planning start by the time the student reaches age 16. Transition planning may start earlier (when the student is younger than 16) if the IEP team decides it would be appropriate to do so. Transition planning takes place as part of developing the student’s Individualized Education Program (IEP). The IEP team (which includes the student and the parents) develops the transition plan. The student must be invited to any IEP meeting where postsecondary goals and transition services needed to reach those goals will be considered. In transition planning, the IEP team considers areas such as postsecondary education or vocational training, employment, independent living, and community participation. Transition services must be a coordinated set of activities oriented toward producing results. Transition services are based on the student’s needs and must take into account his or her preferences and interests. Not enough detail? We can fix that! Keep reading…

IDEA’s Definition of Transition Services

Any discussion of transition services must begin with its definition in law. IDEA’s definition of transition services appears at §300.43. It’s rather long but see it in its entirety first, and then we’ll discuss it in parts.

§300.43 Transition services.

(a) Transition services means a coordinated set of activities for a child with a disability that—

(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes—

(i) Instruction;

(ii) Related services;

(iii) Community experiences;

(iv) The development of employment and other post-school adult living objectives; and

(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.

Considering the Definition

A number of key words in the definition above capture important concepts about transition services:

  • Activities need to be coordinated with each other.
  • The process focuses on results.
  • Activities must address the child’s academic and functional achievement.
  • Activities are intended to smooth the young person’s movement into the post-school world.

You can also see that the definition mentions the domains of independent and adult living. The community…. employment…. adult services… daily living skills… vocational… postsecondary education. This clearly acknowledges that adulthood involves a wide range of skills areas and activities. It also makes clear that preparing a child with a disability to perform functionally across this spectrum of areas and activities may involve considerable planning, attention, and focused, coordinated services.

Note that word—coordinated. We italicised it above because it’s very important. Transition activities should not be haphazard or scattershot. Services are to be planned as in sync with one another in order to drive toward a result.

What result might that be? From a federal perspective, the result being sought can be found in the very first finding of Congress in IDEA, which refers to “our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.” [20 U.S.C. 1400(c)(1)] Preparing children with disabilities to “lead productive and independent adult lives, to the maximum extent possible” is one of IDEA’s stated objectives. [20 U.S.C. 1400(c)(5)(A)(ii)]

Students at the Heart of Planning Their Transition

For the students themselves, transition activities are personally defined. This means that the postsecondary goals that are developed for a student must take into account his or her interests, preferences, needs, and strengths. To make sure of this, the school:

  • must invite the youth with a disability to attend IEP team meeting “if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under §300.320(b),” and
  • “must take other steps to ensure that the child’s preferences and interests are considered” if the child is not able to attend [§300.321(b)].

As you keep reading below, keep the importance of student involvement in mind, because there are many excellent materials and guides available to help students become involved in their own transition planning…and many good reasons to do so. To connect with that info:

When Must Transition Services Be Included in the IEP?

What’s not apparent in IDEA’s definition of transition services but nonetheless critical to mention is the timing of transition-related planning and services: When must transition planning begin?

The answer lies in a different provision related to the content of the IEP. From §300.320(b):

(b) Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include—

(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(2) The transition services (including courses of study) needed to assist the child in reaching those goals.

So, the IEP must include transition goals by the time the student is 16. That age frame, though, is not cast in concrete. Note that, in keeping with the individualized nature of the IEP, the IEP team has the authority to begin transition-related considerations earlier in a student’s life, if team members (which include the parent and the student with a disability) think it is appropriate, given the student’s needs and preferences.

A Closer Look at What to Include in the IEP

Breaking the provisions at §300.320(b) into their component parts is a useful way to see what needs to be included, transition-wise, in the student’s IEP. This is also where the rubber meets the road, so to speak, because what’s included in the IEP must:

  • state the student’s postsecondary goals (what he or she hopes to achieve after leaving high school);
  • be broken down into IEP goals that represent the steps along the way that the student needs to take while still in high school to get ready for achieving the postsecondary goals after high school; and
  • detail the transition services that the student will receive to support his or her achieving the IEP goals.

Writing goal statements can be a challenging business, because it’s not always obvious what needs to be included in a goal statement. Goal-writing is a topic worthy of an entire discussion on its own. To shed light on how to write transition-related goals statements—-both postsecondary goals and the corresponding IEP goals—-we prepared just such a page.

The Domains of Adulthood to Consider

The definition of transition services mentions specific domains of adulthood to be addressed during transition planning. To recap, these are:

  • postsecondary education,
  • vocational education,
  • integrated employment (including supported employment),
  • continuing and adult education,
  • adult services,
  • independent living, or
  • community participation.

These are the areas to be explored by the IEP team to determine what types of transition-related support and services a student with a disability needs. It’s easy to see how planning ahead in each of these areas, and developing goal statements and corresponding services for the student, can greatly assist that student in preparing for life after high school.

Types of Activities to Consider

Remember that IDEA’s definition of transition services states that these are a “coordinated set of activities” designed within a results-oriented process? Specific activities are also mentioned, which gives the IEP team insight into the range of activities to be considered in each of the domains above:

  • Instruction;
  • Related services;
  • Community experiences;
  • The development of employment and other post-school adult living objectives; and
  • If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation. [§300.43(a)(2)]

Confused by all these lists? Putting them together, what we have is this: The IEP team must discuss and decide whether the student needs transition services and activities (e.g., instruction, related services, community experiences, etc.) to prepare for the different domains of adulthood (postsecondary education, vocational education, employment, adult services, independent living, etc.) That’s a lot of ground to cover!

But it’s essential ground, if the student’s transition to the adult world is to be facilitated. A spectrum of adult activities is evident here, from community to employment, from being able to take care of oneself (e.g., daily living skills) to considering other adult objectives and undertakings.

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Buzz from the Hub

All articles below can be accessed through the following link:

https://www.parentcenterhub.org/buzz-march2019-issue2/

https://www.parentcenterhub.org/buzz-april2019-issue1/

Highly Rated Materials from CPIR

Questions Often Asked by Parents about Special Education Services
Reviewer comments include:

Like Q & A format.

  • Language easy to understand — not legal terms.
  • I love this one!

Considering Assistive Technology
Reviewer comments include:

Excellent. I hadn’t see this and passed the link on to our state’s AT center.

  • Excellent tool easily applied to specific cases ranging the diversity of needs.
  • Easy to use and simple and to the point.

Emotional Disturbance
Reviewer comments include:

A great resource. Easy to navigate and very much needed!

  • Comprehensive overview, great language.
  • Well done! This is a wonderful fact sheet that I will be using. Thank you!
  • I especially liked the way you supported the reader with a person-centered approach giving respect and dignity to those living with a mental health diagnosis and classification of emotional disturbance.

Highly Rated Materials from Other Organizations

Autism Spectrum Disorder: Evidence-Based Practices
Reviewer comments on these two IRIS modules include:

Modules GREAT! Wrap Up Module, like seeing male/female and race differences

  • Videos really well done. Great option to read information too.
  • Really like this resource for both professionals and families! Great job!

GradNation Parent Engagement Fact Sheets
Reviewer comments include:

Great tool kit!

  • Great to see this resource in English and Spanish—more languages would be great.
  • Nice tool kits—easy to use.

Dear Colleague Letter on Preventing Racial Discrimination in Special Education
Reviewer comments on this Dear Colleague Letter include:

I just had a kid denied a 504!

  • Great resource and valuable info.
  • Great resource, reading level tested high.
  • So thankful that this resource exists!

A Trio from CPIR

Employment Connections
Just updated as part of our spring cleaning! Want to know more about job coaches and reasonable accommodations? What about supported employment?

Search EMPLOYMENT in the Hub library
Explore these additional resources tagged “employment” in the Hub library.

A Quartet from Other Organizations

How Families Can Help Their Son or Daughter With Disabilities Find Work
Families and friends can play an important role helping those with disabilities plan for employment and find a job that is a good fit.

Employment Strategies and Supports for Youth with ASD
This webinar, sponsored by NTACT, focuses on critical strategies and supports for youth with autism seeking and maintaining employment. Case studies are provided to show real life examples of the strategies and supports at work. There are multiple handouts, too.

ApprenticeshipWorks Video Series
(Also available in Spanish) This video series from ODEP features apprentices with and without disabilities (recruits) and their apprenticeship sponsors (sponsors) in high-growth industries like information technology, healthcare, and marine engineering. Videos are available in English and Spanish with full captioning and audio-introduced versions.

Great Resource List at the RAISE Center!
We love great lists like this one. They offer such an easy way to connect with on-target, quality resources. Best of all, one of the RAISE Center’s focus points is employment of young adults with disabilities. So sign up for RAISE’s newsletter while you’re there and receive a steady flow of info on employment.

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Employment Connections

Getting Started

First, is employment a goal the student has for himself or herself? In what area or domain might he or she be interested? There are so many possibilities when you think about having a job, it’s important for students to identify what types of jobs are suited to their interests, needs, and preferences. This alone can involve quite an inquiry, but it’s a very important beginning link in the chain of planning.

Here are several resources that can help you and yours get started.

Looking for a job? First, look inside yourself.
Starting with Me: A Guide to Person-Centered Planning for Job Seekers is a career development guide to help you make satisfying job choices. Finding satisfying work doesn’t usually just happen by applying for a job in the newspaper. The process involves several phases– and it all begins with you.
http://www.communityinclusion.org/article.php?article_id=54&type=topic&id=11

How to get the most important person to the table: The young person!
This brief summarizes research on the participation of young people in person-centered planning and gives specific recommendations to help facilitators in maximize student participation.
http://www.communityinclusion.org/article.php?article_id=30&type=topic&id=7

Career planning begins with assessment.
http://www.ncwd-youth.info/issues/career-development/
This landing page gives you three lines of inquiry into career development, including the importance of assessment. The best decisions and choices made by transitioning youth are based on sound information including appropriate assessments that focus on the talents, knowledge, skills, interests, values, and aptitudes of each individual. Find out about assessment tools to do just that.

Visit youthhood.org’s Job Center.
http://www.youthhood.org/jobcenter/index.asp
You will be very glad you did. The site’s designed for young adults with disabilities, and this section of the site targets the journey toward employment.

Understanding the Network That’s Out There to Help

There’s nothing like knowing the players in the field. They are excellent sources of help, info, tools, and connections. So…visit these centers and agencies first, and explore what they offer, with an eye for what’s relevant to the transition planning you’re involved in.

ODEP | Office of Disability Employment Policy.
(866) 487-2365 (Department of Labor, toll-free)
(877) 889-5627 (Department of Labor, TTY)
http://www.dol.gov/odep
ODEP is a fine place to gain an understanding of the network that exists with respect to the employment of individuals with disabilities. ODEP provides information, training, and technical assistance to America’s business leaders, organized labor, rehabilitation and other service providers, advocacy organizations, families, and individuals with disabilities. (Keep ODEP in mind, too, as the youth’s journey to employment unfolds, because many of its publications will come in handy further down the road.)

NCWD/Youth | Navigating the Road to Work.
http://www.ncwd-youth.info/
The National Collaborative on Workforce and Disability for Youth (NCWD/Youth) helps state and local workforce development systems better serve youth with disabilities. Its online information is phenomenal, directly pointed at the target, and rich with info for families, youth, service providers, administrators, all of us, really. Lots of Spanish materials available, too!

Career One-Stops | Your pathway to career success.
http://careeronestop.org/
Sponsored by the U.S. Department of Labor, this website organizes a great deal of info under one roof. Explore different careers, take self-assessments, find out about the education and training you need, and use the Service Locator to find workforce development services in your area.

United States Department of Labor | On jobs & self-employment.
https://www.dol.gov/odep/topics/disability.htm
A rich portal into the network and supports made possible by the federal government.

Reasonable Accommodations in the Workplace

Many individuals with disabilities need accommodations and support in the workplace. Here are two premier resources that can help you learn what’s considered “reasonable,” what types of accommodations can be made, and where employers can tap into specialized free guidance about accommodations.

JAN | The Job Accommodation Network.
http://askjan.org/
JAN represents the most comprehensive resource for job accommodations available. Personalized technical assistance is available to employers and individuals with disabilities alike. And it’s free, courtesy of the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP).  How great is that?

Regional ADA centers | A gateway to info on the ADA.
http://adata.org/
There are 10 Regional ADA National Network Centers, each serving a specific region of the country. Together, they help businesses voluntarily implement the Americans with Disabilities Act (ADA), which includes the federal mandate for reasonable accommodations in the workplace. Via the link above, you can find the center that serves your region and a wealth of info about employment for people with disabilities, what the ADA requires, and connections into this nationwide network of assistance.

What About a Job Coach?

Job coaches play an important role in the workplace for many people with disabilities, especially those whose disabilities are severe.  These professionals help the new employee learn the job and how to navigate the world of work. Support may be for a limited period of time or provided on an ongoing basis, depending on the needs of the individual. Connect-Ability (mentioned above) gives the following suggestions to parents: “Here’s how you can help determine whether a job coach may be appropriate for your son or daughter:

  • As you work with your son or daughter’s IEP Team to develop work opportunities and career exploration opportunities, be sure to ask if job coaching is appropriate and how your school can provide it.
  • When your son or daughter starts volunteering (or working after school, or in the summer), look for natural supports (someone already working at the site, or willing to provide some of the activities listed for a job coach).
  • If your son or daughter has trouble keeping a job or being successful on-the-job, consider whether a job coach might be helpful, and talk with your son or daughter about exploring this option.”  (Connect-Ability, 2009, “Job Coaches”)

To learn more about job coaches and the role they can play in helping people with disabilities learn and keep a job, try these resources:

The roles of a job coach.
http://www.worksupport.com/documents/factsheet_jobcoach.doc

Job coaching in the workplace.
https://askjan.org/topics/jobcoaching.htm

Working with job coaches and employment support professionals.
http://askearn.org/refdesk/Supervision_Management/Working_with_Job_Coaches

Supported Employment

You may hear the term “supported employment” used to describe a range of supports that an individual with disabilities may receive at work, but the term actually is most closely associated with its use in the Rehabilitation Act of 1973, as amended. In that context, supported employment is an approach to addressing the employment needs of individuals with the most significant disabilities, those–

  • for whom competitive employment has not traditionally occurred; or
  • for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and
  • who, because of the nature and severity of their disability, need intensive supported employment services in order to perform designated work.

For many youth, especially those with significant disabilities, supported employment may be important to consider and pursue. Such services are typically available through vocational rehabilitation programs, but VR is not the only place you’ll find supported employment in operation. SE is considered a “place and train” model: the individual receives job-specific training after placement, rather than prevocational training before placement.

Find out more about supported employment through these resources:

APSE | The Network on Employment
http://www.apse.org
Formerly the Association for Persons in Supported Employment, APSE works to improve integrated employment opportunities, services and outcomes for individuals with disabilities. It provides technical assistance to employees, families, and employers.

Rehabilitation RTC on Workplace Support and Job Retention
http://www.worksupport.com/
The RTC studies those supports that are most effective for assisting individuals with disabilities maintain employment and advance their careers. And they write about it! Lots of good materials to be found under the “Resources” section of the website.

In Conclusion

We’ve just touched upon several key topics to consider when transition planning for a youth focuses on employment. Explore the resources we’ve listed, because these will lead you into the employment world and its vast network of tools and assistance. Good luck!

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Understanding the New Vision for Career Development: The Role of Family

By helping to support youth in making important informed decisions about their future, parents and other caring adults can contribute a great deal to their children’s post-high school success. For youth with disabilities in particular, families often play the very important roles of setting high expectations for youth’s future employment, and of advocating for opportunities for them to identify their strengths and interests and to explore career options. Families who learn about and begin the career development process with their youth early will be better prepared to support them in choosing and building a bright future.

Based on the belief that it is important that families begin the discussion with a young person about choosing a career long before high school graduation, this brief provides information for families about the three phases of career development: self-exploration, career exploration, and career planning and management to help facilitate conversation. In addition, the brief considers the individualized learning plan a helpful tool to help students direct and track their career development.

Download the PDF at:

http://www.ncwd-youth.info/wp-content/uploads/2016/09/Infobrief-Career-Development-Family-Role.pdf

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Career Planning Begins with Assessment: A Guide for Professionals Serving Youth with Educational and Career Development Challenges

To successfully make the transition from school to adult life and the world of work, adolescents and young adults need guidance and encouragement from caring, supportive adults. The best decisions and choices made by transitioning youth are based on sound information including appropriate assessments that focus on the talents, knowledge, skills, interests, values, and aptitudes of each individual. This guide serves as a resource for multiple audiences within the workforce development system. Youth service professionals will find information on selecting career-related assessments, determining when to refer youth for additional assessment, and additional issues such as accommodations, legal issues, and ethical considerations. Administrators and policymakers will find information on developing practical and effective policies, collaboration among programs, and interagency assessment systems.

This guide includes customizable sample forms covering topics such as release of records, personal transition plans, resource mapping, interagency data-sharing, and learning needs screening, as well as resources on topics such as fair testing, professional ethics, Family Educational Rights and Privacy Act (FERPA), and assessments and federal laws.

Download the PDF at:

http://www.ncwd-youth.info/wp-content/uploads/2016/10/AssessGuideComplete.pdf

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Benefits for Children with Disabilities

This booklet is for the parents, caregivers, or representatives of children younger than age 18 who have disabilities that might make them eligible for Supplemental Security Income (SSI) payments. It is also for adults who became disabled in childhood (prior to age 22), and who might be entitled to Social Security Disability Insurance (SSDI) benefits. (We call this SSDI benefit a “child’s” benefit because it’s paid on a parent’s Social Security earnings record.)This booklet will help you decide if you, your child, or a child you know, might be eligible for SSI or SSD.

Download the booklet at:

https://www.ssa.gov/pubs/EN-05-10026.pdf

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ADA Q&A: Transitioning to Adulthood

Parents and advocates agree that high school students with disabilities should learn about civil rights laws, such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, that protect them from discrimination. It is often hard, however, to interest teenagers in learning about these laws. One way to show students the relevance of disability rights is to look at how these laws affect activities in which students have a genuine interest.

Transition Plans and Transition Individual Education Plans (IEPs) are required by law to help students with disabilities prepare for school, work and adult life after high school. Transition Plans identify key categories of life activities such as “Jobs and Job Training,” “Post Secondary Education & Training,” “Community Participation,” “Recreation and Leisure,” and “Home Living.” Students focus on building skills that they need in these areas. Learning about the ADA by applying it to real-life situations can help make the ADA more understandable, show its relevance, and help students to develop self advocacy skills they will need.

Learn more about this topic by visiting:

https://www.pacer.org/transition/learning-center/laws/ada/transitioning-to-adulthood.asp

 

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Fostering Self-Determination Among Children and Youth with Disabilities

The word “self-determination” is heard more and more within conversations about preparing children and youth well for adulthood. In fact, helping students with disabilities become more self-determining is an increasingly prominent theme of recent policy initiatives, practice recommendations, and conference gatherings. And there are some very good reasons for this heightened emphasis. Numerous research studies have shown a strong link between the development of self-determination and a host of positive outcomes while children are still in school and long after they graduate. Parents may be wondering what they can do to foster the skills, knowledge, and opportunities that can contribute to self-determination among children and youth with intellectual disabilities and autism. What steps might they take to encourage their child to begin to become more self-determining as they grow up? This guide provides a menu of ideas to draw upon as parents consider how best to promote self-determination among their own children with disabilities.

Download the PDF at:

https://waismanucedd.wiscweb.wisc.edu/wp-content/uploads/sites/74/2017/05/FosteringSelfDetermination.pdf

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* Special Education Teacher – This is an opportunity to work in rural bush Alaska. We offer teacher housing, health benefits, and a competitive salary. We have multiple openings for this position. To learn more – Click here

* Curiculum/Special Ed. Coordinator – Responsible for the effective implementation of special education services, testing, certifications of students and related services throughout the district. Serves as the district liaison with the Alaska Department of Education in all Special Education matters. To learn more – Click here

* Director of Special Services – Elmwood Park School District, a K-12 Suburban District, is seeking a Director of Special Services for the 2019-2020 School Year. Starting July 1, 2019. Candidates for this position are required to have New Jersey Supervisor and Principal Certification. To learn more – Click here

* Special Education Teachers – Responsible for providing an educational atmosphere where students have the opportunity to fulfill their potential for intellectual, emotional, physical, spiritual and psychological growth. This person is responsible for organizing and implementing an instructional program that will maximize the learning experience of students with special needs. To learn more – Click here

* Special Education Teacher – $50,000/school year (185 days), summers off with year round pay and year round appreciation.  Special Education Teachers needed in Arizona (Phoenix and surrounding cities). Needs are in the self-contained and resource settings serving students with emotional disabilities (ED), Autism (A), Severe/Profound (S/P), and Intellectual Disabilities (ID).  To learn more – Click here

* Physical Education Teacher – Jewish Child & Family Services (JCFS) provides vital, individualized, results-driven, therapeutic and supportive services for thousands of children, adults and families of all backgrounds each year.  To learn more – Click here

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Acknowledgements

Portions of this or previous month’s NASET’s Special Educator e-Journal were excerpted from:

  • Center for Parent Information and Resources
  • Committee on Education and the Workforce
  • FirstGov.gov-The Official U.S. Government Web Portal
  • Journal of the American Academy of Special Education Professionals (JAASEP)
  • National Collaborative on Workforce and Disability for Youth
  • National Institute of Health
  • National Organization on Disability
  • Substance Abuse and Mental Health Services Administration
  • U.S. Department of Education
  • U.S. Department of Education-The Achiever
  • U.S. Department of Education-The Education Innovator
  • U.S. Department of Health and Human Services
  • U.S. Department of Labor
  • U.S. Food and Drug Administration
  • U.S. Office of Special Education

    The National Association of Special Education Teachers (NASET) thanks all of the above for the information provided for this or prior editions of the Special Educator e-Journal


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