How about this.

If the President, Professor Gates, and Sergeant Crowley can sit down and have a beer at the White House, how about parents of students with disabilities and school personnel–sitting down just to talk with and listen to each other. When the President mentioned that idea at his impromptu news briefing yesterday, didn’t the nation breath a bit easier?

Surely worth trying. Talking and listening to move forward together might work better than the endless battles we now have about special education.

As I think about how we do special education in the U.S., sometimes reality stares us in the face; yet, we overlook it.

The better regular education is, the less special education we need. That is the way it is. Rock bottom solid reality.

A bit of history. Back in the 1970’s, the law seemed to create two systems–regular and special. Special education was going to ‘fix,’ ‘cure,’ ‘educate’ students identified for IDEA services. Often it succeeded and students benefited. But, over the years, Congress came to believe that special education was educating to low expectations and not holding students with disabilities to high standards. Thus, in 1997, Congress revolutionized how we do special education. It mandated that students with disabilities be educated in the general curriculum–and meet state and local standards, along with their regular education peers. Since then, regular education teachers and someone knowledgeable about the general curriculum are mandated to attend IEP Team meetings.

So where are we now? We still run two systems. www.ed.gov.

It makes no sense. One, regular education/the general curriculum/NCLB, is driven by state and local standards and state and district wide assessments for accountability under the NCLB. The other, is driven by the IDEA’s focus on a FAPE.

It’s not a happy marriage. Often these laws collide. And amazingly, in this day of ‘research-based’ instruction (mandated by the NCLB and now in the IDEA), NO research was undertaken to prove that this dual (and dueling) approach is the best way to educate our students–regular and special education.

It’s time to fix this!

As a co-founder of Special Education Day (http://www.specialeducationday.com/), I am so happy to let you know that one of our holiday’s reform efforts, SpedEx, is now launched. Supported and funded by the Massachusetts Department of Elementary and Secondary Education (ESE), SpedEx is ready to help parents and schools resolve disputes about special education and a FAPE (free appropriate public education) to students.

For information, please visit http://www.doe.mass.edu/bsea/spedx

We wish SpedEx much success as a trailblazer in rebuilding trust between schools and families and providing a FAPE to students.

Please forward this information to others with an interest in special education. Here’s the ESE description.

SpedEx is: a dispute resolution pilot project that will be available after a hearing request has been filed. It (a) isdesigned to assure that a child receives a free appropriate public education (FAPE) in the least restrictive environment (LRE);(b) is voluntary and will build trust between parents and schools; (c) is expedient; (d) involves a jointlyagreed-upon independent SpedEx consultant chosen from a list maintained by the BSEA, who can assist parties to determinethe program the child needs to assure a FAPE in the LRE. The parties are not bound by the consultant’s report and recommendation.If the parties do agree, the hearing request is withdrawn and the SpedEx consultant observes the child in the program to assurethat FAPE is being provided in the LRE. If the parties do not agree, the parties may pursue their due process rights.
Key features:
Use of an independent, neutral educational SpedEx consultant jointly agreed-upon by family and school whose fee willbe paid by the Massachusetts Department of Elementary and Secondary Education (ESE)
Placement of students by agreement within 30 days with post-placement observation by SpedEx consultant
Decisions made through joint school-family knowledge and cooperation
ESE has solicited and selected an administrator of the SpedEx Program, Dr. Alec Peck, Professor of Education at BostonCollege. Professor Peck will set up a database to administer the program, maintain schedules, contract with the SpedEx consultants,conduct satisfaction surveys, and develop data to assess the efficacy of the pilot project.
Applications for inclusion on the list of SpedEx consultants will be accepted throughout the life of the pilot project(i.e., three years). Persons who may wish to be included on the list of SpedEx consultants must have at least a Master’sDegree and three years experience in their field of expertise. In addition, a SpedEx consultant must (a) hold the appropriatelicense or certification in their area of expertise; (b) should possess an understanding of the legal basis of FAPE – a freeappropriate public education – and LRE – least restrictive environment; (c) be prepared to review and recommend programs thatmeet the needs of the student, that is, provide FAPE in the LRE; (d) be able to maintain strict neutrality and work expeditiouslyto gather necessary information from all parties; (e) seek to promote dispute resolution through cooperation and trust betweenschools and parents; and (f) be willing and able follow up agreements with an on-site visit to the child in the agreed-uponprogram. Additional information may be found at the Commonwealth’s contract solicitation site, http://www.comm-pass/,key word “bsea.”
This a three year pilot project, with limited funding (eight cases) for each fiscal year. Requests for this option aftera hearing request has been filed will be accepted on a first-come, first-served basis.
Please direct any questions to: Richard E. Connolly, Esq., DirectorBureau of Special Education Appeals; 781-338-6402;rconnolly@doe.mass.edulast updated: June 10,2009.

Am I the only person who was taken aback by the Court’s decision to grant the parents reimbursement for their private placement (even though the child had not received special education in the public school) for several reasons, including the fact that the legal process takes too long! Oh my. Where is the justice for all?

The timing:

Parents sought a due process hearing in 2003.
The District Court issued its ruling in 2005.
And here we are in 2009, with the Supremes–almost a year after the student graduated from high school!

A ridiculous scenario, of course. We all know that. See lots of good work by Common Good on these issues. www.commongood.org.

The due process review is ponderous, says the Court, so it decides to ‘avoid detriment to the child’s education’ and grant the parents reimbursement.

We all know the process is onerous for everyone. So what to do? Change the process. Get rid of it. Streamline it. Do something systemic….

We should not put one hand on the scale for one side (parents) but not the other (our public schools). Schools did not create this flawed and out-of-control due process system. Congress did, more than 30 years ago. The courts continue it, adding layers upon layers.

We need to change the process–not use it to create further injustice.

A new, creative, child-centered dispute resolution model is now launched by the Bureau of Special Education Appeals in Massachusetts! Funded and supported by the Massachusetts Department of Elementary and Secondary Education, it is full of promise and creativity. It will provide a child with a FAPE–a free appropriate public education, with follow up to assure its implementation. We expect stories of success!

Check it out! http://www.doe.mass.edu/bsea/spedx.html

This model grew out of discussions at Special Education Day events: www.specialeducationday.com… and reflects the hopes of many educators and parents for a quicker, more positive, and more child-centered way to resolve disputes and get on with the business of educating students with disabilities. Stay tuned for updates!

Hot off the Supreme Court docket! Parents of special education students may seek reimbursement for their private school placement even if the child never received special education services in the public school. Once a finding is made that the school district denied the student a FAPE–a free appropriate public education–and that the parent’s private school provides a FAPE–reimbursement is possible.

Here is the N Y. Times article.
http://www.nytimes.com/2009/06/23/education/23special.html?emc=eta1

This is big and will affect many schools and parents…

For a perspective from a parent advocacy website, Wrightslaw, you may wish to visit:
http://www.wrightslaw.com/law/art/forestgrove.ta.analysis.htm

Your take on it?

What the (NCLB) No Child Left Behind Act and the IDEA, the nation’s special education law, can learn from Bernard Madoff’s Ponzi scheme.

My stepfather often told me that if something sounds too good to be true, it’s probably not. P. T. Barnum put it this way, “There’s a sucker born every minute.” As the Madoff story unfolded, many of us wondered—how could so many ‘affluent and smart’ investors and charities put all their money in one basket and believe it could earn 12% year after year after year? Perhaps they just wanted to believe.

So now, let’s turn to the NCLB. Another wish dream? It mandates that all children be proficient in reading, writing, and math by June 2014. We want to believe that all children can learn the same standards and that education is the great equalizer. So we make the leap. We mandate it in federal law!

Yes, this law has done a lot of good. It has helped many children reach higher than we might have expected, and focused on academics for all children. All to the good. But, as with all laws, the challenge comes at the edges, where the fit is not perfect and the details build cynicism and threaten to destroy the enterprise. The law’s mandate for ALL is off the mark. It focuses on four student groups: those in poverty, members of racial minorities, non-English speakers, and SWD. The law encourages heightened focus on some groups that who are close to passing (the ‘gap’ kids), but not on others, including bright kids who passed these tests long ago.

As I write this, my local paper reports that several schools here—one of our nation’s education bright spots—“need improvement” because two groups, SWD and English language learners did not reach the standard. This ‘news’ is repeated in communities around the nation. You can’t have 12% growth investment year after year (unless you live in a pipedream). You can’t have all children meet the same standards, year after year, unless you jiggle the numbers.

Alas, some jiggling is happening. For example, Massachusetts, known for its excellent standards and very test, allows invalidating ‘accommodations’—without reporting that fact. Thus, some SWD have ‘read-alouds’ on reading tests (and adult reads the test to the student). Some students are provided with calculators on questions that measure calculating. Then they pass! What does that pass mean? Who does it help?

Other states have abandoned the effort to measure calculation skills altogether. Everyone can use a calculator! Some allow ‘read-alouds’ after the primary grades, even when measuring ‘reading.’ Others lower the bar for all and ‘dumb down’ the curriculum—all in the name of all means all. How can we then know if students can read and write and add and subtract?

I was moved by Secretary of Education Arne Duncan’s call to stop lying to students–when we lower standards and pronounce students ready to graduate from high school–even as they still lack basic skills. A breath of fresh air!

When faced with impossible targets, contortions occur. We no longer measure what matters. Very sad.

We want to believe that miracles come true. But they should not be the basis of public policy. A dream is no more appropriate in the education than in the investment world. I urge the Obama team, in reviewing and reauthorizing the NCLB, to set realistic measurements for all children, including the move to a ‘value added’ scoring system. Teachers and students need to work together for true education accountability, not simply for numbers that look good but fall apart upon review.

“The case for working with your hands.” A fascinating article about just that–how the author became a motorcycle mechanic (and author) and how the manual trades may be making a come back in our economy. You can find it at

www.nytimes.com/2009/05/24/magazine/24labor-t.html

Many of us in education have long argued against the dilution of vocational and technical training and the elevation of academics and lots of testing for all. This article by Matthew B. Crawford is taken from his new book, Shop Class as Soulcraft.

See also another new book, Blue Collar and Proud of It– Success Outside the Cubicle, by Joe Lamacchia. He runs a million dollar lawn care company in Newton, a Boston suburb. http://www.bluecollarandproudofit.com/about.html

Let’s hope these books help lead us out of our lopsided educational system–academics for all. Nothing else. One size does NOT fit all–there are lots of great ways to create a successful life.

http://www.heartland.org/custom/semod_policybot/pdf/15620.pdf

I was just googling on a lovely Sunday morning and came upon this 2004 article I wrote…. Perhaps you have not read it. Here it is! Even back then in 2004, we were seeing games going on in some states with graduation tests… and how they choose to get students ‘through.’ These tests were designed to make diplomas meaningful again. Yet, some policies invalidate testing and will not tell us if students actually can read and write and do math at high school levels. Again, let us ask: with these policies, are we doing the right thing for kids and for our country? I have my doubts. And you? Would love to hear!