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GETTING AND KEEPING SPECIAL EDUCATION SERVICES IN TOUGH ECONOMIC TIMES: PART II

MICHAEL INZELBUCH, ESQ., SPECIAL EDUCATION AND BOARD OF EDUCATION ATTORNEY

When: Thursday May 26, 2011 @ 9 pm EST

Phone number: Call (661) 673-8600

Use Access Code: 899615# (remember the #)

Length: Approximately 40 minutes

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A Note on Reading Disabilities: Beating the Odds (www.reading2008.com)

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From Reading & Other Learning Disabilities

A Blog by Dr. Gary G. Brannigan and Dr. Howard Margolis

To develop IEP goals (and, in some states and situations, objectives) that are meaningful, measurable, and manageable, requires a  preliminary step that too many IEP Teams rush though: Writing a quality Present Levels section (“present levels of academic achievement and functional performance”) of the IEP. This section forms the basis and justification for all goals and objectives. In turn, the goals and objectives form the basis for all services and placements.

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In 1965, N. Dale Bryant, one of the great pioneers in helping children overcome dyslexia, explained why children with reading disabilities should read materials that are easy, not hard for them. Below are two quotes from Bryant that explain why a target of 80% word recognition accuracy, found in many goals and objectives, will impede the progress of struggling readers; why quickly and accurately recognizing only 80% of words will frustrate them; why quickly and accurately recognizing 95-98% of words in paragraphs is a common and much-needed standard for matching readers to instructional level materials, the level of materials that teachers should typically use when teaching word recognition; why quickly and accurately recognizing 99% of words in paragraphs is a common and much-needed standard for matching readers to independent level materials, materials children read by themselves, without any help; and  why 90% or less word recognition accuracy is a common standard for frustration level materials, the level to avoid. Let me repeat: the level to avoid. Here are the quotes:

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From Reading & Other Learning Disabilities

A Blog by Dr. Gary G. Brannigan and Dr. Howard Margolis

Parents often ask me, “When should I speak to a special education attorney?”  For an answer, I turned to Jayne Wesler, an attorney with Sussan & Greenwald, a Cranbury, NJ law firm with an outstanding reputation for integrity, fairness, and effectiveness. Below is Mrs. Wesler’s response.   – Howard Margolis

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When To Contact A Special Education Attorney

Jayne Wesler, Esq.

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Using IEPs to Solve Homework Problems

From Reading & Other Learning Disabilities

A Blog by Dr. Gary G. Brannigan and Dr. Howard Margolis

Homework is part of schoolwork. In many schools, teachers collect and grade it. And if students fail to submit it on time, they’re penalized. Thus, most IEPs should address homework, especially if it creates frustration for students and causes friction, fighting, and tears at home.

If homework frustrates your child, answer these questions about his ability to handle typical homework assignments:

  • Without help, can he accurately explain what his assignments require him to do?
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From Reading & Other Learning Disabilities

A Blog by Dr. Gary G. Brannigan and Dr. Howard Margolis

Last week, we discussed five evaluation and IEP traps that often harm children with reading disabilities. Today, we’ll discuss five more.

Agree or Disagree: It’s fair to ask a school to measure a child’s progress once or twice a year, but asking a school to objectively measure progress weekly is simply asking too much. It’s “overkill.”

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From Reading & Other Learning Disabilities

A Blog by Dr. Gary G. Brannigan and Dr. Howard Margolis

Last week, we presented ten statements to expose evaluation and IEP traps that often harm children with reading disabilities. Today, we’ll discuss the first five.

Agree or Disagree: For an evaluation to help a child, it should focus on testing the child with widely used standardized tests that compare him to other children of his age or grade.

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Evaluation and IEP Traps

From Reading & Other Learning Disabilities

A Blog by Dr. Gary G. Brannigan and Dr. Howard Margolis

If your child is eligible for special education and you’re involved in developing his IEP, you may want to think about and respond to these statements. Next week we’ll post our responses.

  1. Agree or Disagree: For an evaluation to help a child, it should focus on testing the child with widely used standardized tests that compare him to other children of his age or grade.
  2. Agree or Disagree: Schools should use a child’s test scores to determine the method(s) most likely to help her.
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From Reading & Other Learning Disabilities

A Blog by Dr. Gary G. Brannigan and Dr. Howard Margolis

Many teachers, school administrators, and parents of children in special education are confused about the meaning of “Least Restrictive Environment” (LRE). Often, they erroneously define it as placement in a general education class. Not surprisingly, confusion about the definition can inflame disputes between parents and schools, resulting in costly and emotionally exhausting due process hearings. Adding to the likelihood of disputes is the failure of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and its predecessors to adequately define LRE. Perhaps this is inevitable as LRE cannot be applied by classification or disability or IQ; it must be applied in an individualistic and personalized manner that focuses solely on the child.

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On our website (www.reading2008.com), under Resources, is a mock Individualized Education Program (IEP) that was developed in 2001, before the passage of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA-2004). Thus, it does not reflect IDEA-2004’s endorsement of Response to Intervention (RTI) and its other new provisions.

However, we believe that parents and teachers who examine this IEP for Eli can benefit from it. We suggest you examine (a) the Present Levels of Performance section, which covers all of pages A-2 and A-3, and includes the Evaluation Results and Description of Behavior Needs on page A-3; (b) the direct links between the information in the Present Levels section and the IEP’s goals and objectives, the specificity and measurability of its goals and objectives, and the comprehensiveness of services.

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