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1.
Am J Intellect Dev Disabil ; 125(5): 340-344, 2020 09 01.
Article in English | MEDLINE | ID: mdl-32936890

ABSTRACT

The policy decisions of state, district and school educators affect the extent to which students have access to high-quality practices. This is especially relevant for students with disabilities and their families. This article summarizes a presentation made at the 2019 AAIDD conference and proposes an operational role for policy makers. Two frequently cited advances in education are (a) the commitment to adopt "evidence-based practices," and (b) the impact of information technology and data systems on the active "use of data for decision making" in schools. This article reviews the integrative role that policy decisions make in transforming effective practices and good data systems into practical outcomes for children and families.


Subject(s)
Developmental Disabilities , Education, Special , Evidence-Based Practice , Intellectual Disability , Public Policy , Child , Congresses as Topic , Developmental Disabilities/rehabilitation , Education, Special/legislation & jurisprudence , Humans , Intellectual Disability/rehabilitation , Public Policy/legislation & jurisprudence
3.
Pediatrics ; 144(4)2019 10.
Article in English | MEDLINE | ID: mdl-31548334

ABSTRACT

Pediatricians and other pediatric primary care providers may be consulted when families have concerns that their child is not making expected progress in school. Pediatricians care not only for an increasingly diverse population of children who may have behavioral, psychological, and learning difficulties but also for increasing numbers of children with complex and chronic medical problems that can affect the development of the central nervous system and can present with learning and academic concerns. In many instances, pediatric providers require additional information about the nature of cognitive, psychosocial, and educational difficulties that affect their school-aged patients. Our purpose for this report is to describe the current state of the science regarding educational achievement to inform pediatricians' decisions regarding further evaluation of a child's challenges. In this report, we review commonly available options for psychological evaluation and/or treatment, medical referrals, and/or recommendations for referral for eligibility determinations at school and review strategies for collaborating with families, schools, and specialists to best serve children and families.


Subject(s)
Academic Performance , Pediatricians , Physician's Role , Child , Child Advocacy , Diagnosis, Differential , Early Diagnosis , Education, Special/legislation & jurisprudence , Humans , Learning Disabilities/diagnosis , Learning Disabilities/prevention & control , Learning Disabilities/therapy , Medical History Taking , Neurodevelopmental Disorders/diagnosis , Neurodevelopmental Disorders/therapy , Privacy/legislation & jurisprudence , Referral and Consultation , Time Factors
4.
Article in English | MEDLINE | ID: mdl-30717312

ABSTRACT

Health and education are interrelated, and it is for this reason that we studied the education of migrant children. The Thai Government has ratified 'rights' to education for all children in Thailand since 2005. However, there are gaps in knowledge concerning the implementation of education policy for migrants, such as whether and to what extent migrant children receive education services according to policy intentions. The objective of this study is to explore the implementation of education policy for migrants and the factors that determine education choices among them. A cross-sectional qualitative design was applied. The main data collection technique was in-depth interviews with 34 key informants. Thematic analysis with an intersectionality approach was used. Ranong province was selected as the main study site. Results found that Migrant Learning Centers (MLCs) were the preferable choice for most migrant children instead of Thai Public Schools (TPSs), even though MLCs were not recognized as formal education sites. The main reason for choosing MLCs was because MLCs provided a more culturally sensitive service. Teaching in MLCs was done in Myanmar's language and the MLCs offer a better chance to pursue higher education in Myanmar if migrants migrate back to their homeland. However, MLCs still face budget and human resources inadequacies. School health promotion was underserviced in MLCs compared to TPSs. Dental service was underserviced in most MLCs and TPSs. Implicit discrimination against migrant children was noted. The Thai Government should view MLCs as allies in expanding education coverage to all children in the Thai territory. A participatory public policy process that engages all stakeholders, including education officials, health care providers, Non-Governmental Organizations (NGOs), MLCs' representatives, and migrants themselves is needed to improve the education standards of MLCs, keeping their culturally-sensitive strengths.


Subject(s)
Education, Special/legislation & jurisprudence , Education, Special/organization & administration , Transients and Migrants/education , Adult , Child , Cross-Sectional Studies , Education, Special/economics , Female , Humans , Male , Middle Aged , Myanmar/ethnology , School Health Services/legislation & jurisprudence , School Health Services/supply & distribution , Teaching , Thailand
5.
J Dev Behav Pediatr ; 40(2): 152-153, 2019.
Article in English | MEDLINE | ID: mdl-30648985

ABSTRACT

CASE: Charles is a 10-year-old African-American male who presents to the Developmental Behavioral Pediatrics Clinic for evaluation of his learning. His primary care provider (PCP) was concerned that his developmental delays were negatively affecting his ability to engage in his homeschooling curriculum and also that his mother seemed unaware of the severity of his delays. Neuropsychological evaluation had been recommended by the PCP several times in the past, but the family declined. At one point, the PCP had considered potential child protective services (CPS) referral for medical neglect because of missed appointments and lack of follow-through on recommendations, which motivated the parent to bring him to this appointment.Medical history was significant for failure to thrive and hypotonia in infancy. Charles received physical therapy through early childhood for hypotonia and motor coordination deficits. His mother removed him from public school and initiated homeschooling in kindergarten after he suffered a dental injury at recess of which she was not notified. The current homeschooling (fourth grade) approach was described as "off and on" activities for 3 hours daily. His mother acknowledged that she struggled to get him to participate as he preferred using the computer and tablet rather than doing school work, and they also argued regularly about his impulsive eating. The patient's mother also described her own medical conditions that contributed to a high degree of stress and fatigue, which she felt made homeschooling more difficult.On examination, the patient was obese and had widely set, almond-shaped eyes; a wide-based gait; an immature pencil grasp; and a mild truncal and appendicular hypotonia. Performance on the Kaufman Brief Intelligence Test, second edition, was below average for the verbal scale (78) and low average for the nonverbal scale (89). On the Wechsler Individualized Achievement Test, third edition, he was unable to perform any multiplication, could not write his own last name (was practicing tracing at home per maternal report), and read at a below first-grade reading level (standardized scores could not be calculated). His conversations with the examiner were mainly limited to the topic of video games. He spoke in short sentences with approximately 85% intelligibility but with coordinated gaze. He appeared mentally exhausted as testing progressed.Feedback to the parent included concern for a learning disability possibly associated with a genetic condition such as Prader-Willi syndrome (because of the history of hypotonia and impulsive eating), and genetic testing was recommended. Because of Charles' difficulty accessing the homeschool curriculum, a special education evaluation through the local public school district was also recommended, but his mother resisted, stating that she felt public special education "keeps children like him down" by focusing primarily on African-American children and stigmatizing their differences.The mother does not return phone calls made 1 month later to follow-up on considering a special education evaluation, and team members raise concern about medical neglect. What would you do next?


Subject(s)
Developmental Disabilities/rehabilitation , Education, Special/legislation & jurisprudence , Learning Disabilities/rehabilitation , Black or African American , Child , Humans , Male
6.
Fed Regist ; 83(162): 42212-4, 2018 Aug 21.
Article in English | MEDLINE | ID: mdl-30198678

ABSTRACT

The Assistant Secretary for Special Education and Rehabilitative Services announces a requirement under the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities (TA&D) program. The Assistant Secretary may use this requirement for competitions in fiscal year (FY) 2018 and later years.


Subject(s)
Deaf-Blind Disorders/rehabilitation , Disabled Children/education , Education, Special/legislation & jurisprudence , Child , Disabled Children/rehabilitation , Humans , State Government , United States
7.
Lang Speech Hear Serv Sch ; 49(4): 938-949, 2018 10 24.
Article in English | MEDLINE | ID: mdl-30208479

ABSTRACT

Purpose: Speech sound disorders (SSDs) can have a negative impact on literacy development, social-emotional well-being, and participation across the life span. Despite this, many public schools do not provide appropriate or timely services to this population of children. In large part, this is a result of variation in how state and local agencies interpret "educational performance" as outlined within the Individuals With Disabilities Education Act. The purpose of this study was to explore which educational performance factors speech-language pathologists (SLPs) consider when determining eligibility for children with SSDs. Method: This study surveyed public school SLPs to investigate how educational performance is interpreted for children with SSDs. Data from 575 SLPs across the United States are included. Results: Results supported variability in interpretation of educational performance within a nationwide sample of SLPs. Specifically, SLPs appear to consider educational performance as multidimensional. We also found within-state and between-states variability, indicating ambiguity in interpreting federal mandates. Finally, caseload size and number of years of experience were significantly related to which educational performance factors SLPs chose. Conclusion: There is significant variability across the United States with respect to factors considered part of educational performance for children with SSD. This variability reflects the general quality and specificity of guidelines and/or special education code published by individual states. Clinical and legislative recommendations are included.


Subject(s)
Academic Performance , Disability Evaluation , Eligibility Determination/methods , Learning Disabilities/diagnosis , Speech Sound Disorder/diagnosis , Child , Education, Special/legislation & jurisprudence , Eligibility Determination/legislation & jurisprudence , Eligibility Determination/statistics & numerical data , Female , Health Care Surveys , Humans , Learning Disabilities/psychology , Learning Disabilities/rehabilitation , Male , Observer Variation , Practice Guidelines as Topic , Schools , Speech Sound Disorder/psychology , Speech Sound Disorder/rehabilitation , Speech Therapy/legislation & jurisprudence , Speech-Language Pathology/legislation & jurisprudence , United States
8.
Am Univ Law Rev ; 67(6): 1797-909, 2018.
Article in English | MEDLINE | ID: mdl-30203944

ABSTRACT

This Article addresses the impact of school voucher programs on students with disabilities. We show that for children with disabilities, the price of admission into so-called "school choice" programs is so high that it is effectively no real choice at all. School voucher programs require students with disabilities to sign away their robust federal rights and protections in the public school system. Under the Individuals with Disabilities Education Act (IDEA)--the preeminent legislative safeguard for students with disabilities--these rights include the right to a "free and appropriate public education" delivered through an "individualized education plan." By giving up these protections, children with disabilities are left at the mercy of private schools that have no legal obligation to provide them with an appropriate education, and, in the vast majority of cases, are not legally prohibited from discriminating against them on the basis of their disability. We argue that school voucher programs--including a proposed federal voucher program--put the education of students with disabilities back decades, and likely constitute a violation of the Equal Protection Clause of the U.S. Constitution.


Subject(s)
Disabled Children/education , Disabled Children/legislation & jurisprudence , Education, Special/legislation & jurisprudence , Education/legislation & jurisprudence , Schools/legislation & jurisprudence , Adolescent , Child , Child, Preschool , Choice Behavior , Civil Rights/education , Civil Rights/legislation & jurisprudence , Education/economics , Education, Special/history , History, 20th Century , Humans , Indiana , Prejudice/legislation & jurisprudence , Private Sector , Public Sector , Supreme Court Decisions , United States
9.
SMU Law Rev ; 71(4): 1181-1207, 2018.
Article in English | MEDLINE | ID: mdl-30648838

ABSTRACT

This article analyzes the current state of the special education system in Texas following the 85th Legislative Session, focusing on the practical and legal implications of the limitation imposed by the Texas Education Agency in 2004 before analyzing Senate Bill 160, which requires Texas to remove the limitation on special education services, and its future impact on special education in Texas. Additionally, this article addresses Senate Bill 927, which outlined a plan to ensure that students who were previously denied services receive an adequate evaluation, why the legislation failed, and potential remedies for students who have been negatively impacted by the limitation over the years. Following this discussion, policy recommendations on how to further improve the current state of special education in Texas are proposed.


Subject(s)
Disabled Children/education , Disabled Children/legislation & jurisprudence , Education, Special/legislation & jurisprudence , Child , Education, Special/economics , Education, Special/history , History, 20th Century , Humans , Texas , United States
10.
Sch Psychol Q ; 33(1): 75-82, 2018 03.
Article in English | MEDLINE | ID: mdl-28541080

ABSTRACT

Across the last century, the condition known as intellectual disability (ID) has been labeled by assorted terms, its key features have varied, and recommendations for its identification have been divided. In light of recent changes to the diagnostic criteria for ID and to federal legislation, this study was designed to compile and summarize information about the state special education criteria for this condition and its associated assessment process, as they guide school-based and associated practices. Authors independently double-coded components of all ID regulations and guidelines from the 50 United States and the District of Columbia in pairs, which was then checked and corrected for inconsistencies. A total of 10% of states provided only the federal definition of ID. Intellectual disability was the most common term used across states, but it was used by only 63% of them. To meet the intellectual deficit criterion, 37% of states referenced a fixed IQ cutoff, and 49% referred to a flexible IQ cutoff. In contrast, most states did not refer to what score types or criteria should be referenced when identifying adaptive behavior deficits. The influence of the recently updated diagnostic criteria for ID and federal legislation was evident, as several patterns of changes were apparent since the last studies of this type. The assessment in intellectual functioning was more well defined than the assessment of adaptive behavior. Health-related features associated with ID were not commonly referenced. These results can inform school psychology practice, training, and related research. (PsycINFO Database Record


Subject(s)
Disabled Children , Education, Special , Intellectual Disability/diagnosis , Intelligence , Persons with Mental Disabilities , Schools , Adolescent , Child , Disabled Children/legislation & jurisprudence , Education, Special/legislation & jurisprudence , Humans , Persons with Mental Disabilities/legislation & jurisprudence , Schools/legislation & jurisprudence , United States
11.
Pediatr Phys Ther ; 29(4): 350-355, 2017 10.
Article in English | MEDLINE | ID: mdl-28953182

ABSTRACT

BACKGROUND AND PURPOSE: The Individuals with Disabilities Education Act (IDEA) includes physical therapy (PT) as a related service that may be provided to help students with disabilities benefit from their education. However, the IDEA does not provide specific guidance for the provision of school-based PT, resulting in variations in practice across the United States. The authors examined 22 state and local education agency guidelines available online to find commonalities related to the determination of a student's need for PT. RESULTS AND CONCLUSIONS: Seven commonalities found: educational benefit, team decision, need for PT expertise, establishment of Individualized Education Program (IEP) goal before determining need for PT, distinction between medical and educational PT, the student's disability adversely affects education, and the student's potential for improvement. These commonalities are discussed in relation to current PT and special education literature. This article suggests applying these commonalities as procedural requirements and questions for discussion during an IEP team meeting.


Subject(s)
Disabled Persons/legislation & jurisprudence , Disabled Persons/rehabilitation , Education, Special/legislation & jurisprudence , Education, Special/standards , Physical Therapy Modalities/legislation & jurisprudence , Physical Therapy Modalities/standards , Adolescent , Child , Female , Humans , Male , United States
13.
Fed Regist ; 81(243): 92376-464, 2016 12 19.
Article in English | MEDLINE | ID: mdl-28030890

ABSTRACT

The Secretary amends the regulations under Part B of the Individuals with Disabilities Education Act (IDEA) governing the Assistance to States for the Education of Children with Disabilities program and the Preschool Grants for Children with Disabilities program. With the goal of promoting equity under IDEA, the regulations will establish a standard methodology States must use to determine whether significant disproportionality based on race and ethnicity is occurring in the State and in its local educational agencies (LEAs); clarify that States must address significant disproportionality in the incidence, duration, and type of disciplinary actions, including suspensions and expulsions, using the same statutory remedies required to address significant disproportionality in the identification and placement of children with disabilities; clarify requirements for the review and revision of policies, practices, and procedures when significant disproportionality is found; and require that LEAs identify and address the factors contributing to significant disproportionality as part of comprehensive coordinated early intervening services (comprehensive CEIS) and allow these services for children from age 3 through grade 12, with and without disabilities.


Subject(s)
Disabled Children/education , Disabled Children/legislation & jurisprudence , Education, Special/economics , Education, Special/legislation & jurisprudence , Financing, Government/legislation & jurisprudence , Child, Preschool , Humans , State Government , United States
14.
Fed Regist ; 81(156): 53271-80, 2016 Aug 12.
Article in English | MEDLINE | ID: mdl-27529904

ABSTRACT

The Assistant Secretary for Special Education and Rehabilitative Services announces a final priority under the Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program. The Assistant Secretary may use this priority for competitions in fiscal year 2016 and later years. We take this action to provide training and technical assistance to better prepare novice interpreters to become highly qualified, nationally certified sign language interpreters.


Subject(s)
Deaf-Blind Disorders/rehabilitation , Deafness/rehabilitation , Education/legislation & jurisprudence , Rehabilitation/education , Rehabilitation/legislation & jurisprudence , Education, Special/legislation & jurisprudence , Eligibility Determination/legislation & jurisprudence , Humans , Sign Language , United States
15.
Fed Regist ; 81(142): 48335-46, 2016 Jul 25.
Article in English | MEDLINE | ID: mdl-27459750

ABSTRACT

Rehabilitative Services announces a final priority under the Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind program. The Assistant Secretary may use this priority for competitions in fiscal year 2016 and later years. We take this action to provide training and technical assistance to better prepare novice interpreters to become highly qualified nationally certified sign language interpreters.


Subject(s)
Deaf-Blind Disorders/rehabilitation , Deafness/rehabilitation , Education, Medical/legislation & jurisprudence , Education, Special/legislation & jurisprudence , Hearing Loss/rehabilitation , Inservice Training/legislation & jurisprudence , Manual Communication , Staff Development/legislation & jurisprudence , Certification , Humans , Licensure , Sign Language , United States
16.
Pediatrics ; 136(6): e1650-62, 2015 Dec.
Article in English | MEDLINE | ID: mdl-26620061

ABSTRACT

The pediatric health care provider has a critical role in supporting the health and well-being of children and adolescents in all settings, including early intervention (EI), preschool, and school environments. It is estimated that 15% of children in the United States have a disability. The Individuals with Disabilities Education Act entitles every affected child in the United States from infancy to young adulthood to a free appropriate public education through EI and special education services. These services bolster development and learning of children with various disabilities. This clinical report provides the pediatric health care provider with a summary of key components of the most recent version of this law. Guidance is also provided to ensure that every child in need receives the EI and special education services to which he or she is entitled.


Subject(s)
Disabled Children/education , Education, Special/legislation & jurisprudence , Health Services Needs and Demand , Adolescent , Child , Child, Preschool , Education, Special/methods , Humans , Infant , Schools , United States
17.
Fed Regist ; 80(122): 36653-88, 2015 Jun 25.
Article in English | MEDLINE | ID: mdl-26121770

ABSTRACT

This rule reissues the current regulations and: Establishes policy, assigns responsibilities, and implements the non-funding and non-reporting provisions in DoD for: Provision of early intervention services (EIS) to infants and toddlers with disabilities and their families, as well as special education and related services to children with disabilities entitled under this part to receive education services from the DoD; implementation of a comprehensive, multidisciplinary program of EIS for infants and toddlers with disabilities and their families who, but for age, are eligible to be enrolled in DoD schools; provision of a free appropriate public education (FAPE), including special education and related services, for children with disabilities, as specified in their individualized education programs (IEP), who are eligible to enroll in DoD schools; and monitoring of DoD programs providing EIS, and special education and related services for compliance with this part. This rule also establishes a DoD Coordinating Committee to recommend policies and provide compliance oversight for early intervention and special education.


Subject(s)
Disabled Children/education , Disabled Children/legislation & jurisprudence , Early Intervention, Educational/legislation & jurisprudence , Education, Special/legislation & jurisprudence , United States Department of Defense/legislation & jurisprudence , Child , Child, Preschool , Developmental Disabilities/therapy , Humans , Infant , United States
18.
NASN Sch Nurse ; 30(2): 85-8, 2015 Mar.
Article in English | MEDLINE | ID: mdl-25816438

ABSTRACT

Three types of documents and their frequently used acronyms play a vital role in ensuring that students with disabilities have the planning, services, and accommodations necessary to facilitate attendance and success in the school setting. Federal and state laws, as well as state nurse practice acts, govern the process and eligibility of students for these services. School nurses play a vital role in these processes, and new school nurses benefit from a comparison of the terms along with a historical explanation of the acronyms.


Subject(s)
Disabled Persons/legislation & jurisprudence , Nurse's Role , School Health Services/organization & administration , School Nursing/organization & administration , Terminology as Topic , Child , Education, Special/legislation & jurisprudence , Humans , School Health Services/legislation & jurisprudence , School Nursing/legislation & jurisprudence , Schools/organization & administration , United States
19.
Am Univ Law Rev ; 64(3): 457-533, 2015.
Article in English | MEDLINE | ID: mdl-28221738

ABSTRACT

This Article argues that the practice of holding so many adjudicative proceedings related to disability in private settings (e.g., guardianship, special education due process, civil commitment, and social security) relative to our strong normative presumption of public access to adjudication may cultivate and perpetuate stigma in contravention of the goals of inclusion and enhanced agency set forth in antidiscrimination laws. Descriptively, the law has a complicated history with disability--initially rendering disability invisible; later, underwriting particular narratives of disability synonymous with incapacity; and, in recent history, promoting the full socio-economic visibility of people with disabilities. The Americans with Disabilities Act (ADA), the marquee civil rights legislation for people with disabilities (about to enter its twenty-fifth year), expresses a national approach to disability that recognizes the role of society in its construction, maintenance, and potential remedy. However, the ADA's mission is incomplete. It has not generated the types of interactions between people with disabilities and nondisabled people empirically shown to deconstruct deeply entrenched social stigma. Prescriptively, procedural design can act as an "ntistigma agent"to resist and mitigate disability stigma. This Article focuses on one element of institutional design--public access to adjudication--as a potential tool to construct and disseminate counter-narratives of disability. The unique substantive focus in disability adjudication on questions of agency provides a potential public space for the negotiation of nuanced definitions of disability and capacity more reflective of the human condition.


Subject(s)
Disabled Persons/legislation & jurisprudence , Disclosure/legislation & jurisprudence , Prejudice/legislation & jurisprudence , Privacy/legislation & jurisprudence , Civil Rights/legislation & jurisprudence , Education, Special/legislation & jurisprudence , Employment/legislation & jurisprudence , Humans , Legal Guardians/legislation & jurisprudence , Prejudice/prevention & control , Social Security/legislation & jurisprudence , United States
20.
Am Univ Law Rev ; 65(2): 471-523, 2015.
Article in English | MEDLINE | ID: mdl-28221740

ABSTRACT

In 1997, Congress amended the Individuals with Disabilities Education Act ("IDEA") to include provisions meant to assist school districts in educating students with behavioral needs. These amendments required schools to use functional behavioral assessments ("FBA") and behavior intervention plans ("BIP") under certain circumstances. Congress did not, however, include a definition of or substantive requirements for either system of behavior management. As a result, although BIPs and FBAs are now federally mandated requirements, and it is clear that disregarding behavioral issues is a denial of a free appropriate public education ("FAPE"), the IDEA's adjudicative standard, there is no clear consensus as to whether a student with behavioral needs must have an FBA or a BIP or what either must include. The IDEA's lack of guidance has resulted in inconsistent and often contradictory court rulings, and the lack of specific definitions and procedures has allowed schools to develop purportedly legal but substantively deficient behavior evaluations and intervention plans for special needs students. Despite this confusion, some courts have properly looked to the administrative record for guidance on the substantive elements of FBAs and BIPs. Deference to hearing officers, along with other provisions within the IDEA, such as Child Find and inclusion obligations, may assist courts in determining whether a school's failure to use an FBA and a BIP for a student with behavioral needs falls short of Board of Education v. Rowley's requirements for FAPE. FBAs and BIPs aim to prevent and correct student misconduct before it escalates and results in drastic disciplinary action. Given the impact punitive school discipline policies have had on students with special needs, the added procedural safeguards these proactive behavior management schemes could provide are imperative to dismantling the school-to-prison pipeline.


Subject(s)
Behavior Control/legislation & jurisprudence , Disabled Children/education , Education, Special/legislation & jurisprudence , Juvenile Delinquency/legislation & jurisprudence , Adolescent , Child , Child Behavior Disorders , Child, Preschool , Educational Measurement , Health Services Needs and Demand , Humans , Schools/legislation & jurisprudence , Supreme Court Decisions , United States
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