Wrightslaw - The Special Ed Advocate Newsletter, September 21, 1999

1. Early Reviews: Wrightslaw: Special Education Law

MARK WEBER, author of "Special Education Law and Litigation Treatise" (link below) wrote:

"This book provides a comprehensive outline of the Individuals with Disabilities Education Act and it's impact on the educational rights of children with disabilities. It combines a detailed, insightful analysis of the legal requirements with useful information drawn from educational research and practical tips in dealing with school systems."

"The book should be a valuable resource for parents and the professionals assisting them."

SANDRA BRITT, Immediate Past President of LDAA wrote:

"What I would have given for such a wonderful resource when I was preparing for IEP meetings for my sons!"

"Parents need this information. Never again should a parent go to an IEP meeting, mediation or due process hearing without being fully informed and prepared."

MARGARET J. KAY, Licensed Psychologist & Certified School Psychologist wrote:

"WRIGHTSLAW: SPECIAL EDUCATION LAW is an invaluable tool for parents, students, schools and psychologists.

"You provide a concise, useful, well-organized description of IDEA 97, which provides the basis for service delivery to special education students. I will recommend your book to my clients and to the individuals we serve in this practice."

Read what other reviewers are saying about WRIGHTSLAW: SPECIAL EDUCATION LAW

MORE TESTIMONIALS

PAULA wrote: "EASY TO FIND, HARD TO LOSE, DIFFICULT TO PUT DOWN. Thanks for the wonderful book. I am confident that your efforts will touch every school district in this country."

PAMELA wrote: "What a wonderful book! You did a great job. I start teaching advocacy (under a private grant) in September. Have already filled out the bulk order form for board approval. It's terrific to have all this in one place. My briefcase just became much lighter. For that you have my undying gratitude!"

DEGO wrote: "I wish I had WRIGHTSLAW: SPECIAL EDUCATION LAW 6 years ago – it’s great! From now on, I have a book for reference regarding my son's situation and can check it when I have a meeting for my son. So many things have happened that shouldn't have happened because I didn't know about the laws so relied on the district's statements instead of checking things out on my own. Thanks for writing this book. Keep up the good work."

For information about the book go to the Wrightslaw site.

Order now on our toll-free numbers – or order on our secure Internet store. For complete ordering information, go to the Wrightslaw site.

3. Pete Says"I Challenge You To Find . . .

Charles wrote:

We are seeking compensatory education for various violations of IDEA and were disappointed that there is no entry for "compensatory" education and services in the index of your new book.

We hear that in Baltimore home computers and extended school day (also not listed) are often used to compensate students whose rights have been violated. Hope to see an extensive discussion of this in the SPED Advocate.

Pete responded:

I challenge you to find "compensatory education" in the statute. I challenge you to find "inclusion." Both words are commonly used in special ed litigation – and neither are in the statute.

Actually, the concept of compensatory education is related to "equitable" relief that a Court can award as discussed in Section 1415.

The concepts of compensatory, extended school day, inclusion, etc, are all words that have been used by judges in case law decisions.

Later, we may develop a caselaw book that will include landmark cases below the U.S. Supreme Court level which is where you will find more information.

You will learn that what is black is white in one jurisdiction, and what is white is black in a second. The third jurisdiction will say that both are wrong - it is gray. You will not find a clear case law definition of these terms that you can hang your hat on.

To understand these terms, you need to do a comprehensive search of all cases in the Fourth Circuit (if you live in Maryland, you are in the Fourth Circuit), then a search of Maryland Federal District Court opinions, Maryland state court decisions, then Maryland State level review decisions before you will have a clear understanding about how this term is defined in Maryland.

This is the nature of law and legal research, while also understanding that the answer to your question may change tomorrow.

Re: how to find cases that mention compensatory education, you may want to use the search engine on our site. I just typed in the word "compensatory" and found about 25 files / articles / cases that contain the word "compensatory." This should help.

To do a broader search, go to the U.S. Court of Appeals cases on FindLaw. Search using terms like "compensatory" and "IEP"

Read Pete’s Challenge in html.

3. "I Need More Information"

WRIGHTSLAW: SPECIAL EDUCATION LAW is designed to help you find the answers to your questions about the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Family Educational Rights and Privacy Act.

Many people (like Charles) want more or different information about special education law. At conferences for attorneys, Pete recommends these two publications:

SPECIAL EDUCATION LAW AND LITIGATION TREATISE BY MARK WEBER

"Weber's book is my ‘Bible.’ I use this book whenever I need a comprehensive analysis of a special ed legal issue. The book includes an extensive listing of case cites, statutes, regs, and thorough, insightful commentary. I have two copies - one for the office and one for the house." (Amazon.com review by Pete Wright, July 15, 1999)

CROSS-EXAMINATION: SCIENCE AND TECHNIQUES BY LARRY POZNER AND ROGER DODD.

"Pozner and Dodd are great! "They teach you how to turn 'their' evidence into 'your' evidence by using their testimony to prove your case. I urge the trial attorney to attend one of their day-long CLE seminars."

Click here for these and other good books about special education law

4. Mass. Advocate Wants Information About Seminars

I am an educational advocate in Massachusetts and the parent of an 8 year old boy with special needs. I am an avid reader of your articles and visit your site often. I am interested in seminars that you or other organizations may have scheduled regarding special ed law.

I have done several mediations. I am assisting an attorney in an upcoming hearing. I have taken a seminar on the new IDEA regulations.

I am willing to travel (car or plane) to attend seminars about special ed law, hearing preparation, disabilities, etc. Can you provide information about seminars or training that is on your schedule? Thanks for your input.

Keep up the good work.

I will attach a link to the Fall Conference Schedule but here is a summary:

Thursday, October 7, 1999. ChADD Legal Institute, Washington DC.

The Legal Institute and ChADD Conference will be held at the Washington Hilton and Towers, 1919 Connecticut Avenue, NW, Washington, DC 20009

In addition to Pete, presenters at the Legal Institute include Matt Cohen, Josh Konecky, Reed Martin, Elliott Portnoy, and Carl Smith.

November 12-13, 1999. Achieving Communities Together Now (ACT NOW), Pittsburgh PA.

Friday, November 12: Lunch and Learn for Lawyers.

Saturday, November 13: Pete is the Keynote Speaker.

Saturday, November 13: Pete and Pam will present sessions on "Tests and Evaluations: What the Numbers Really Mean" and "How to Negotiate an IEP"

ACT NOW will be held at the Sheraton Station Square, Pittsburgh, PA.

For more information, send an email to Kathy Bauer

Wrightlaw Conference Schedule.

5. News from Missouri

We received this News Release from Missouri:

"Like minded, good willed people in Missouri recently banded together to form The Special Education Association (The SEA)."

"SEA is a membership organization dedicated to acquiring an appropriate education for all Missouri's special children. The organization intends to serve as the umbrella for the many special parent and child assistance groups currently operating throughout the State of Missouri. SEA will assist parents of special children, who comprise approximately 17% of all Missouri school age children, in meeting their educational needs."

"The group states that the parents of Missouri's special children are uniting to form this organization in large part due to the historical failure of the State of Missouri and Missouri's Department of Elementary and Secondary Education (DESE) to meet the critical educational needs of our special children. "

For more information, send an email to barfieldb@missouri.edu

or write to: SEA, 7733 Forsyth Blvd, 12^th Floor, Clayton, Missouri 63105.