Tag Archives: IDEA

OMG, How Do We Protect Our Students, Now?

As we quickly approach the end of 2016, and the next Presidential inauguration in January 2017, those of us who have been protecting the educational and civil rights of students with disabilities already thought this effort was daunting, but now many of us are looking ahead at 2017 through 2021 in absolute horror. Just when we thought it couldn’t get any worse.

In part, we are floored by the reality that someone actively manifesting the symptoms of a personality disorder has been elected into the office of President of the United States. Based on our country’s voting behaviors, half the American public is made up of people who lack adult-level reasoning and perspective-taking abilities; that is, con artists and their regular victims.

On one hand, this could be viewed as a victory for those of us who seek to support and facilitate the integration and inclusion of those challenged by serious mental illness into mainstream society. However, even if we want to dress up this situation as a victory for the mentally ill, it’s going to take the rest of us to keep the current administration from running the ship of democracy onto a rocky reef, thereby ripping open its hull and dissipating our hard-earned freedoms into a sea of melodrama and destruction. We have all suddenly been forced to be our brothers’ and sisters’ keepers, if for no other reason than damage control.

Personality disorders and developmental delays in social-emotional functioning have taken center stage in this last election and will continue to do so once the newly elected and appointed are sworn in. Impairments in judgment, deductive reasoning, and emotional stability – in other words, the symptoms of significant handicapping conditions – are posing a direct threat to the programs and services that help people with disabilities function in their communities with as much independence as possible. I keep hearing Morpheus from The Matrix in my head saying, “Fate, it would seem, is not without a sense of irony.”

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The Approaching End of a Heartbreaking Era

Click here to listen to the podcast version of this blog post.


When the Education of All Handicapped Children’s Act (EAHCA) was enacted as PL94-142 in 1975, it was in the face of enormous opposition from school district administrators and their attorneys who were actively refusing to enroll children with disabilities in our nation’s public schools. Many have remained employed in public education, stewing in their own bile over their legal “loss” while begrudgingly enrolling students with special needs.

The EAHCA was reauthorized as the Individuals with Disabilities Education Act (IDEA) in 1990, which has, itself, been reauthorized twice since then, the last reauthorization being in 2004. Clearly, Congress has no intention of returning to a time when discriminating against those with disabilities was perfectly acceptable.

I don’t know how many of you have experienced an employment situation in which people have been required to do something that they opposed, but it’s been my experience that some people in this position are more likely to sabotage any attempts to do things differently to “prove” it was a bad idea than to willingly go with the program. Some people are just sore losers.

In short, you’re not likely to get buy-in from people who had to be Court-ordered or required by regulation to do the ethical and responsible thing. It says something, anyway, about a person’s character when he/she forgoes ethical solutions for whatever reasons and, therefore, requires enforceable regulations that dictate what his/her behavior should be. Some peoples’ characters create a situation in which the behaviors normally associated with common sense and ethics become subject to regulation.

This is not specific to special education or the legal practices that surround it. This is human nature. Somewhere out there in the world is the person who justified warning labels on suppositories that advise they are not meant for oral consumption. Some people’s functional skills in various aspects of life, for whatever reasons, are seriously limited.

People tend not to make improvements when forced to, particularly when they perceive the improvements as a threat to their familiar, comfortable, self-serving routines. This, too, is human nature.

The problem in special education is that, following the passage of the EAHCA, too many people with chips on their shoulders were left over the decades in positions of authority in public education, passing their “insight” onto the people they were responsible for training and stacking the deck against the success of special education. In other words, ever since the passage of the EAHCA in 1975, there have been career public education administrators undermining the effectiveness of special education in order to win an argument rather than educate children, the latter of which being what we actually pay them six-figure salaries at public expense to do.

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Does the Education Rendered Comport with the IEP?

In special education, the implementing regulations of the Individuals with Disabilities Education Act (“IDEA”) establish the basic framework of how the process is supposed to work, but it’s the case law that comes from due process cases and their appeals that refine the use of some terms in many cases. Often, the case law summarizes bits and pieces of the regulations taken from different legal citations to arrive at the formal definition of a particular term, such as the definition of a Free and Appropriate Public Education (“FAPE”). Continue reading

Podcast: Emotions Part 3 – Administrators

On November 15, 2008, we originally published  Emotions Part 3   Administrators  as the third in a series of text-only blog articles. As we begin to move into the new school year, KPS4Parents will be recording many of our past text-only articles as podcasts so that busy parents, educators, and interested taxpayers can download them and listen to them at their convenience.

As always, feel free to comment on our content. We appreciate the input of our readers and listeners to bring you the information you seek. You can either comment below or email us at info@kps4parents.org.

Click Here to download the podcast,  Emotions Part 3   Administrators.

Podcast: Emotions Part 2 – School Site Staff

On November 14, 2008, we originally published  Emotions Part 2   School Site Staff as the second in a series of text-only blog articles. As we begin to move into the new school year, KPS4Parents will be recording many of our past text-only articles as podcasts so that busy parents, educators, and interested taxpayers can download them and listen to them at their convenience.

As always, feel free to comment on our content. We appreciate the input of our readers and listeners to bring you the information you seek. You can either comment below or email us at info@kps4parents.org.

Click Here to download the podcast,  Emotions Part 2   School Site Staff.

Writing IEP Goals for Behavioral Issues

Update (4/11/13):  The link below to our former Ning community no longer works. We have moved our IEP goal-writing forum to http://kps4parents.org/main/community-outreach/iep-goal-forum/.


Writing IEP goals for behavioral issues can pose a particular challenge. Unlike academic goals, which should be tied to State standards for academic performance and more easily lend themselves to measurable language, behavioral goals aren’t tied to a pre-described set of criteria of what students should learn; at best, they relate to rules about what students should not do at school.

Behavior has been poorly dealt with in our school over the decades since mandatory schooling was first implemented back during the Industrial Revolution. Mandatory schooling itself was used as a behavioral intervention to address a huge juvenile delinquency problem that arose after child labor laws were passed that prevented parents from putting their children (as young as 6) to work in the factories. This left large numbers of unsupervised children roaming the squalid, poverty-stricken streets of the inner city factory workers’ neighborhoods. Suffice it to say that they often came up with some pretty inappropriate ways of keeping themselves occupied.

Child advocates at the time pushed for mandatory schooling to take these trouble young people and convert them into quality citizens of a growing young nation. As seems to be the case with every age, innovations in business and industry were applied to the concept of large-scale public education and the current system was designed to emulate the assembly line. Teachers were regarded similarly as workers on an assembly line, passing students from one grade to the next (except those that failed QC). More and more so, teachers were increasingly women looking for less dangerous work than what was available to them in the factories. Being that the women at the time had fewer rights than men and were often not knowledgeable in the ways of self-advocacy and the assertion of their rights, they were often more easily exploited as workers than male teachers. So, just as the workers on the assembly lines of the factories began to engage in collective bargaining and organized labor unions, teachers began to do the same. At the time, these unions served to protect workers and teachers alike from exploitation. Today, it’s a different political climate.

Nonetheless, taking the lead from the business world, the assembly-line nature of public education began pushing children through the system, many of whom who were already causing problems because of their behaviors. I mean, it was their behaviors that led to mandatory schooling in the first place. The response to their behaviors by the adults responsible for educating them was fairly typical for the times: spare the rod and spoil the child. It was highly punitive. Children were punished for inappropriate behaviors but there was no effort to systematically teach them the appropriate behaviors they should have engage in, instead. In other words, the interventions at the time focused on the structures of the behaviors – that is, what the child had actually done – as opposed to the functions of the behaviors – that is, why the child had done it. This left many, many children with unresolved issues and no means to see them addressed, causing the perpetuation of troubling conditions.

In defense of the educators at the time, these children’s parents were often even less capable in rendering proper guidance to their children. Factory workers often worked 14 to 16 hour days before going home to horrible living conditions in a crammed up tenement with their ten kids and were in no position to offer effective parenting and guidance at the end of the day to that many children. They were dependent upon the public school personnel to help them during the daytime with their children’s needs.

Fast forward to today and you still have an assembly-line type system in the general education setting. In fact, unless something is “wrong” with you such that you require special education, you aren’t entitled to an education tailored to the way you actually learn. Behaviors are still largely dealt with in a reactionary fashion with punitive responses to inappropriate behaviors after they have already occurred, though there is a burgeoning movement to finally implement positive behavioral interventions on a school-wide basis rather than on a child-by-child basis. Even still, all schools maintain disciplinary records for each student, which speaks to the culture of public school administration and its perception of children who behave inappropriately at school. If there still weren’t such a punitive mindset, they would be called behavioral records or something else non-judgmental.

Just because a kid does something that’s inappropriate doesn’t automatically mean that the kid wanted to do something bad or wrong; very often it’s the situation that the child just doesn’t know what else to do, is engaging in trial and error to try to meet a want or need without thinking things through (which may not even be possible depending on the stage of childhood development the kid happens to be in at the time), or is crying out for help in whatever ways will be heard. Behavior is largely a function of communication; the trick is being able to understand the message.

So what does all of this have to do with writing behavioral goals? Well, a lot. It’s difficult to write behavioral goals for many people because they are still caught up in the antiquated punishment model of behavioral intervention, which evidence shows may curtail a specific behavioral incident in the short-term, but does nothing in the long-term to prevent problem behaviors from developing again or growing worse and more sophisticated over time. Because so many people in public education have been trained to look at behaviors as challenges to their authority rather than signs of things that need to be addressed, it’s hard for them to conceptualize the proper formatting of behavior goals. Parents usually have no formal training in this area either and get caught up in the momentum of the punitive mindset, not necessarily sure that the schools’ approach is appropriate but not knowing what else to suggest.

The thing with behavior goals is that they have to describe what a student is supposed to do in order to determine that the goal has been met. But, most people still think in terms of what the student should not be doing and will write things like “By 12/10/09, [Student] will decrease vocal outbursts in the classroom by 90% as measured by observation,” which is a poorly written goal on an uncountable number of levels. What the goal should do is describe and target the appropriate replacement behavior. So, it could read something like, “By 12/10/09, [Student] will use his break card to request time away from noisy distractions, take his work to a pre-designated quiet area, and complete his work with no more than one verbal prompt per occasion in 4 of 5 consecutive occasions within a 2-week period.”

Now, here in this example, it’s implied that the reason the child was engaging in noisy outbursts because he was becoming overwhelmed by noisy distractions presented by others. This is significant! Most behaviors are engaged in to either get something or get away from something, regardless of whether those behaviors are good or bad. Behaviors serve specific functions to the individuals who engage in them. Purists in the field of behavioral sciences tend not to really classify behaviors as good or bad, but more in terms of appropriate or inappropriate to the circumstance, adaptive or maladaptive, or successful and unsuccessful. Reinforcers are those things that occur once a behavior has been engaged in that increase the likelihood of the behavior being engaged in again. Consequences are those things that occur once a behavior has been engaged in that are likely to decrease the likelihood of the behavior being engaged in again. Consequences are not automatically presumed to be punishment.

Think about it. If you’re at a restaurant and want fettuccine alfredo, you don’t say, “Give me a t-bone steak, please.” You ask for the fettuccine alfredo. If you were to ask for a t-bone steak, and the waiter brought you a t-bone steak instead of fettuccine alfredo, the consequence of receiving a t-bone steak would decrease the likelihood of you asking for a t-bone steak the next time you wanted fettuccine alfredo. Getting the t-bone wasn’t punishment. It was just the natural consequence of you asking for something other than what you really wanted.

But, what if you don’t know the name of the dish you want? You can describe it to the waiter (“Yes, I’ll have those flat noodles with the creamy sauce and that spice that’s usually only used in snickerdoodles and spice cakes,”) and hope he understands, or you can just order something else that really wasn’t what you wanted just to avoid the embarrassment of not knowing the name of your favorite dish in front of your dinner companions and the waiter. At that point, though, your behavioral priority became avoiding embarrassment rather than getting the food that you wanted. When cast in that light, inappropriate behaviors start to make more sense.

With our example goal here, the only way we could have known why the child was engaging in the inappropriate behavior of verbal outbursts in the classroom was to have conducted an appropriate assessment of the child’s behavior. This assessment, in this example, would have revealed that the child – who has ADHD and an auditory processing disorder – was getting auditory overload whenever the noise level in the classroom increased during busy activities and, being highly distractible to boot, was incredibly challenged to remain on task. The verbal outbursts were the result of his frustration at not being able to concentrate and being so caught up in the moment of being overwhelmed and lacking in coping skills that it didn’t occur to him to ask his teacher to let him do his work some place more quiet. We’re talking about a child with compromised learning skills, here, not a 45-year-old adult with years of experience at effectively solving problems.

The goal describes the desired outcome, but what probably also needs to be in this child’s IEP is a positive behavior support plan that spells out what his issues are and how to deal with them. The only purpose the goal serves is to measure whether or not he acquired the replacement behavior over the course of the goal’s annual period. In our example goal above, the use of the break card has to be explained somewhere.

Sometimes IEP teams unnecessarily knock themselves out trying to write a succinct enough goal that captures all of the relevant elements without it becoming the world’s longest run-on sentence when something like a particular strategy must be employed. My favorite solution to problems like this is to develop a separate protocol that gets attached to an IEP as another page of the document and then have the goal refer to it.

For example, our example goal being used here refers to a break card but doesn’t make clear what that is or how it should be used. The goal could be re-written to read: “By 12/10/09, [Student] will use his break card according to the protocol found on page 12 of this IEP to request time away from noisy distractions, take his work to a pre-designated quiet area, and complete his work with no more than one verbal prompt per occasion in 4 of 5 consecutive occasions within a 2-week period.” Then page 12 of the IEP could be a one-page description of the protocol. In the alternate, if a positive behavior support plan is also attached to the IEP and the break card system is described in it, then the goal could reference the positive behavior support plan.

The important thing is that the goal has to be customized to fit the unique circumstances of the child involved. We get a lot of hits on our web site from people looking for pre-written goals, but I’m telling you that this is totally the wrong way to go about it. You’re not going to find canned goals that fit a particular circumstance involving a particular child, particularly when it comes to behavior. The goal has to target the specific area of need as identified in the present levels of performance and describe in measurable terms exactly what the student has to do in order to demonstrate mastery of the targeted skill. The goals of any child’s IEP have to be tailored to his unique needs and you don’t get a customized outcome with “off-the-shelf” goals. Rather than looking for pre-written goals that will fit a specific child, look for examples of goals and learn to understand the process and the logic behind how goals are written.

With behavior goals, target the acquisition of the desired behavior rather than dwell on reducing the undesired behavior. Gather baseline data on how often the child engages in the desired behavior at the time the goal is written and the degree to which he is expected to engage in it at the conclusion of the goal, which should be an increase over how often he engages in it at the beginning.

For example, if the baseline is that the student does not currently use a break card system to appropriately remove himself from a noisy and distracting environment to a quiet place where he can complete his work, then our example goal above represents a marked improvement. If the child begins using his break card system to escape the noisy, distracting environments and completing his work in a quiet area, then he’s not standing in the midst of the chaos yelling his head off.

By engaging in the appropriate replacement behavior, he inadvertently ceases to engage in the inappropriate behavior. Once he realizes that he is being met with a more beneficial outcome by using the break card system than he was by yelling out in class, he’ll have no reason to go back to yelling out in class. Over time, the skill can be refined to the point that the student is able to afford himself the trust of his teacher to excuse himself at his own discretion, without the need for overt signals to the teacher like break cards, to a quiet area to do his work and no one will think anything of it. A behavior goal in this area of need will eventually no longer be necessary.

I’ve seen kids overcome behavioral challenges in a year or less with good behavioral supports. I’ve also seen kids fall deeper and deeper into a hopeless pit of despair in the absence of good behavioral supports. And the degree of disability has little to do with it. It’s all about the quality of the behavioral interventions, including the goals. As long as the goals target the desired behaviors, are written in a measurable way that relates directly to relevant and accurate present levels of performance, and work in tandem with any behavioral protocols and/or a positive behavioral support plan in the IEP, you should be met with success.


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KPS4Parents Interviewed by LRP

I was recently approached by John Haughey, writer and editor for LRP Publications, for our input regarding a due process decision arising from a case in Chicago. For those of you unfamiliar with LRP, it is the publication powerhouse that supplies information regarding special education law, policy, and practices to public education agencies and the attorneys who represent them.

LRP maintains, through its website http://www.specialedconnection.com/, the most comprehensive database of special education due process decisions from around the country, as well as state and federal appeal cases. With a subscription rate for full access at around $2500 per year, only the well-financed generally have access to this otherwise difficult to access public information.

Even so, many attorneys who represent students with special needs and their families will choke down this subscription fee for access to case decisions that provide appropriate authorities for their own work. Other products of LRP Publications are reviews of special education decisions and articles that discuss the subtle or not so subtle nuances of special education law.

Which brings me to the Chicago case about which Mr. Haughey, who is a very nice man, asked to interview me. KPS4Parents very much appreciates the opportunity to lend perspective from the child and parent side of the issue to LRP’s work. For many who work with families of children with disabilities, and who are leery of LRP because of its strong affiliation with the public education agencies and their attorneys, we hope you appreciate that LRP was actively reaching out to hear the child and family side of the issue.

While the way our comments were reported doesn’t provide the full context in which what was quoted was said, we stand behind what Mr. Haughey wrote of our input. Unfortunately, because this article is copyrighted by LRP Publications and you have to be a subscriber to their site to see it, we can’t give you access to the whole thing. However, LRP was kind enough to agree to let us audio record my interview with Mr. Haughey and we were given consent to quote Mr. Haughey’s quotation of me from his article.

The Chicago case was one in which a special education student was awarded compensatory education in the form of placement in a private school for children with learning disabilities at public expense after his school district was found to have denied a free and appropriate public education, or FAPE, to him. In this case, it seems, the school district had placed so much of an emphasis on placing this student in the least restrictive environment, or LRE, that it had failed to consider whether he could actually receive educational benefit in a general education setting.

I was one of several people from around the country interviewed for Mr. Haughey’s article. Also interviewed were a public school principal in Wisconsin and a special education attorney in New Hampshire. While I had the benefit of reading the decision issued by the Illinois Hearing Officer, I did not have access to the transcript of the hearing or the evidence, so I have to take the decision at face value. That said, I know from personal experience that hearing officers are extremely challenged to get all the fact exactly right, so I was still left with some unanswered questions after reading the decision.

It was an interesting read, nonetheless, and what I want to focus on here is the case as represented by the hearing decision. I offer our sincere respect to the family involved in this case, particularly considering that the case reflected in the decision is probably not exactly reflective of the case the family attempted to have tried. I also offer our most emphatic support of the student in this case because it was this young man’s life about which this case resolved. He is the one who will have to live with the consequences of what this case did and did not yield on his behalf. So, to the extent that I’m about to talk about this case as though the decision is 100% reflective of the facts, and I’m about to use it as a generic example for the benefit of others, please do know that we very much understand that this was really about one boy and his right to learn to read, write, and do math and very much appreciate that this family stuck its neck out in an effort to effect change.

The decision in the case at issue here reflected a number of shortcomings that the LRP article, which was brief, did not go into. One of the issues was that the assessment data fell far short of the mark and this young man’s IEP teams were without the data necessary to make informed decisions regarding what was or was not a legitimate offer of a FAPE based on his unique learning needs. So, there was this first undermining of the process that ultimately made it impossible for the rest of the process to be properly executed.

The decision doesn’t specifically speak to whether the parents’ participation was meaningful in the IEP process, but I would argue that an IEP meeting denies meaningful parental participation if the information necessary – that is, data that explains what the student’s needs are – is not made available to the parents so that they can make informed decisions. Likewise, most parents are clueless regarding what data is necessary and how that data should be used. They are left to trust the judgment of school officials who may or may not understand their obligations under the law to special education students.

What was implied by this decision was that the school officials believed it was more important to place a child with an above-average IQ in the general education setting regardless of what his actual learning needs were than to examine the full continuum of placement. The decision suggests, and LRP’s article comes right out and asserts, that there was an emphasis placed on the LRE requirements more so than on what constituted a legitimate offer of a FAPE. I have to question this interpretation to a certain degree. That’s not exactly what I got out of reading this decision.

Yes, it’s true that, according to the decision, the District asserted that it only offered placement in the general education setting because it perceived that setting to be the LRE and that the student didn’t require a more restrictive placement. That may have actually been true.? Where the District may have fallen down was not necessarily?where the services were being provided but whether the proper services were being provided at all. The decision doesn’t address this consideration.

If you go back and look at our blog posts of the past and read the articles regarding the IEP process, you quickly come to understand – if you didn’t already know this – that services and placement are the last things discussed by the IEP team. What drives the selection of services and placement is the goals. The goals describe your intended outcomes of intervention and services and placement are the vehicles by which the goals are meant to be achieved. To the extent that the child can receive services such that his goals can be achieved in the general education setting, placement in the general education setting with non-disabled peers should occur.

In the Chicago case, it was not clear from the decision that there was any examination of what services could have been provided in the general education setting that could have seen the child benefit from his education. The decision reflects that only accommodations and modifications were made in the general education setting, not that services were pushed in or provided as supplemental supports.

Now, that said, this had apparently been going on for a while. As a result, the student had failed to receive educational benefit for years. By the time his case got to hearing, he was due compensatory education to make up for the years of lost educational opportunity and, at that point, the only real way to provide him with that kind of remedial support was to put him in a very restrictive setting, that being a private school for children with learning disabilities.

There very well may have been a time when placement in general education with appropriate supports and services would have rendered educational benefit and prevented all of this from ever happening. But, we’ll never know. The decision doesn’t speak to what would have been a FAPE for him in the past. It only speaks to the harm done by the District’s inappropriate offers of only accommodations and modifications in the general education setting for this student and the fact that compensatory education is now due to the student as a result of that harm.

This brings me to the next consideration: the use of the term “LRE.” As we’ve stated in blog articles before, the LRE?- the least restrictive environment – is the setting in which the student can receive educational benefit with the most exposure to typical peers and the typical school experience as possible. It’s relative to the student’s unique needs. This was the aspect on which I was quoted by Mr. Haughey in his article for LRP Publications.

Mr. Haughey wrote that I said, “LRE is relative — relative to the needs of the child,” which is true. Mr. Haughey went on to write: “Zachry advises parents to ask these questions in determining if the general ed placement is appropriate for their child: ‘Is it going to achieve the outcome you are looking for Are we leveling the playing field, or are we putting him on a completely different playing field?'” ?This advice actually was intended for the entire IEP team, not just parents.

Mr. Haughey also wrote that I said that parental pressure often can allow institutional bias for mainstreaming to go unchallenged, but did not include the context in which my statement to that effect was actually couched. This is something I want to clarify before my words are used to fuel the anti-parent bias that already pervades the public school community, and which some attorneys who represent public education agencies actually exploit for their own financial gain.

It is true, and I’ve written in our blog on this before, that most parents really do not understand the special education process. That’s one of the reasons we publish our blog in the first place. It’s also true that far too many professionals in special education really do not understand the special education process, either, which is another huge reason we publish our blog.

People on both the school and the parent sides tend to put placement before everything else, treating special education as a place rather than a service, even though placement is only one aspect of a special education student’s program and the last thing the IEP team should consider. So, again, we have this case out of Chicago and the attention that LRP is giving it that both focus on the placement more than anything else and I can’t help but wonder about the message this is sending to the folks in the public education community. Does this reinforce the false notion that placement is the only really important thing to talk about and that present levels of performance and goals are just procedural fluff?

It is also true that there are a great many parents out there who, in the process that parents follow in coming to terms with being told that their children have handicapping conditions, are in a stage of denial and, in their ignorance, think of special education as a place rather than a service to help their children learn. These parents view special education as a label – a “Scarlet Letter” – that will brand their children as though it is somehow advertised who and who is not on an IEP.

That isn’t to say that there aren’t insensitive clods in the public education system who have no sense of student confidentiality, but for the most part, public school employees do not go around blabbing students’ personal business to the other kids. Generally speaking, kids with learning disabilities and other “hidden” handicaps blend in with everyone else and no one knows they’re on IEPs unless they tell their peers themselves.

So, the parental fear of the child being labeled is often a rather irrational one. But, it’s also a natural stage of the process that every parent goes through. Sometimes it’s a fleeting moment before the parent moves to the next stage towards acceptance and proactive involvement, but sometimes parents get hung up at this stage for a while – or even indefinitely.

Like the stages of grief, how long a particular person spends at each stage of the process depends on that person’s individual growth and development as a human being. It’s unfair and inaccurate for school personnel to presume that all parents are in denial. Most parents of children with special needs experience at some point a great deal of relief of finally understanding what is going on with their child so they can start constructively coming up with a game plan. They get past the denial at some point.

But, while parents are in that denial phase, they are often resistant to the application of the term “special education” to their children, particularly if they are in denial at the time that their children are found eligible for special education services. They envision the proverbial “retard room” from their childhood educational experiences and can take any identification of eligibility for special education as a condemnation of their children’s potential. This is truly unfortunate. Within this context, it is true that parental pressure often can allow institutional bias for mainstreaming to go unchallenged, as Mr. Haughey reported.

Sometimes, however, it is the student’s bias that’s the problem, which Mr. Haughey and I discussed during the interview, as well. Sometimes the student doesn’t want to be placed in a more restrictive setting out of embarrassment, but is also embarrassed in the general education setting by not being able to keep up with peers. In a situation like this, you’re damned if you do and damned if you don’t. That’s a really hard problem to overcome and usually comes down to the parents telling the student, “Look, this is the way this is going to go down and you’re just going to have to deal with it,” regardless of what the placement determination turns out to be.

In other instances though, and from what I could gather from reading the Decision in the Chicago case such was the situation there, the parents don’t really care so much about where services are provided so long as their kids get the help they need. The Chicago case seemed to me to be about a family asking for help for their son and not getting it, and the denials for help by the District being based on an inappropriate application of the LRE requirements.

Truthfully, what I suspect but would need evidence to know for sure, is that the District probably didn’t want to pay for the intensive remedial services this student needed and used the LRE as an excuse to deny them. Otherwise, no one at the District had a clue about what LRE really means and requires. Special education noncompliance tends to arise out of ignorance, petty politicking, or a combination of both. As with any due process case, we’ll never really know all of the truth about this situation, but we appreciate the opportunity to examine it and hope that my analysis provokes thought on the part of others to make the special education system better.