New York City Plans Changes to Special Education

New York City plans fundamental changes to the way children needing special education services will be educated, planning to move all but the most disabled students into regular schools by 2011. There has always been a tension between having children with special learning needs educated in regular school settings and having them educated in more restrictive settings. There are real benefits -- and detriments -- to both approaches.

In a regular classroom or a smaller class in a regular school, children with special learning needs have the opportunity to interact socially with 'typical' learners and to model their behaviors after children who find school less of a struggle. This educational model is generally less expensive to deliver and children who are served in regular schools, especially those in regular classes,  don't feel isolated from the mainstream. But this way of delivering education to children with special learning needs is effective only if the students with special needs are given what they require to succeed -- appropriate educational supports, teachers who understand the nuances of specific special education issues, and classroom settings where they can get the kind of extra attention they may require. 

For some children, a school or class focused on those with special learning needs can provide the kind of support that children who struggle with learning need to succeed. But these special settings can also become dumping grounds for children who are difficult to educate in regular settings or whose issues cause them to be disruptive in class. Complicating the entire situation are the requirements of the Individuals with Disabilities Education Act (IDEA) and the New York State Education Law, which both require that children receive an appropriate education in the least restrictive environment.

In a report on this issue in yesterday's New York Times, a number of the details of this new approach were still undetermined. For example, will the students now to be educated in regular schools be part of regular classes, or will they generally be placed in separate classes in that school? The implication is that principals will have the ability to decide how to provide services for these students within their schools, but the requirements of the IDEA will undoubtedly limit the principals' discretion.

The City denies that this change is financially motivated, but spending on special education in New York City is almost $5 billion annually, including tuition at private schools.

The Times' article quotes Kim Sweet, the Executive Director of the excellent organization Advocates for Children as noting, "...they’re talking about changing the culture of all the schools in the city so that they can serve students that many of them were previously shipping out.This could easily fall flat if it’s not done right. If kids are stuck in schools that don’t have the capacity to serve them and are denied requests to move elsewhere, that would be falling worse than flat." We agree with Ms. Sweet and will continue to follow this issue.

More on the Limits of Labels

A recent article in the New York Times Well blog ("Little Known Disorder Can Take A Toll on Learning") about a constellation of learning and communication difficulties that are often referred to as "auditory processing disorder" illustrates why labels frequently miss the mark. It points out why labels like “autism” and “ADHD” do not adequately capture the whole picture of what is going on when a child struggles in school or in life.

Rather, it is critical to take a broad approach that considers the whole child and does not reduce these complex issues into simple labels. For example, we frequently see children previously diagnosed with attention deficit who have the kinds of language problems described in this article. When we do, we include the kinds of strategies and interventions described in the article, but as part of a broader, comprehensive learning plan. In fact, we think that even the label “auditory processing disorder” is often too narrow a focus that does not fully account for a child’s entire profile of strengths and challenges that relate to learning and behavior. Therefore, diagnosis and treatment of learning problems needs to begin with a comprehensive assessment that examines all of the factors that affect learning and academic performance. Students and their families should emerge with an understanding of their profile of strengths and challenges and a learning plan based on this profile - not with a label.

Paul B. Yellin, M.D., FAAP

Link Roundup

Report Finds Writing Is Powerful Driver for Improving Reading Skills (National Writing Project)
Memory Techniques to Help Your Child (ADHD & LD Resource Blog)
Study says College Students are "Addicted to Media" (Joanne Jacobs)
School District Seeks Help Mediating Special Ed Disputes (Patricia E. Bauer)
Naps Boost Memory, But Only if you Dream (CNN Health)




Photo by Dieirk Schaefer via Flickr

FERPA, HIPAA and Becoming a Grownup

We've all heard the term "age of majority", which is commonly taken to mean the age at which a young person becomes an adult, with all the rights and responsibilities that go with that status. But adulthood isn't a legal door that you walk through, emerging on the other side immediately. It's more like a tunnel that you pass through over a period of time, emerging several years later as a full adult, but not reaching full adulthood until you have passed all the way through.

The laws that govern the journey are sometimes established by individual states, since many milestones are determined by state law. For example, in Kansas, young people can get a "farm permit" at age 14 that allows them to drive in rural areas, while in New York and many other states, a full license is not available until age 18. Marriage, too, is governed by state laws. Most states set the age for marriage without parental consent at 18, but Mississippi requires that the parties be 21.

Federal law governs other important areas. Voting at age 18 was established by the Twenty-Sixth Amendment to the Constitution in 1971. The various branches of the U.S. military set the age for enlistment, which is 17 with parental consent and 18 without it.

Perhaps most relevant for students are two federal laws that govern health and education privacy, the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA). FERPA was enacted and became effective in 1974 and was designed to make educational records accessible to parents and students and to give parents and students some control over how and to whom educational records were to be released. FERPA also provides that the right to a student’s records transfers from the parent to the student when the student turns 18 or enrolls in college, whichever comes first. This can be particularly difficult for a parent of a student with a disability, who may have been even more involved in school matters than parents of students without such special concerns.

However, even parents of college students still have access to their child’s school records in certain circumstances. Most broadly, FERPA permits high schools (for high school students who have turned 18) and colleges to provide information to parents if the student is a dependent on his parents’ tax returns. In addition, disclosure to a student’s parents is permitted when necessary to protect the health and safety of the student or other individuals, and parents of college students who have not yet turned 21 can be informed if the student has broken any law, or violated any rule or policy of the college restricting use or possession of alcohol or drugs. Student consent can also be used to override the restrictions on information imposed by FERPA. Students who work with their college Office of Disability Services can sign a release allowing their parents ability to converse via phone, email, in person with a disability services officer regarding their progress. It should be stressed that nothing in these rights FERPA extends to parents requires that a school provide parental notification. It simply allows the school to do so if they decide it is appropriate without running afoul of federal laws. In addition, FERPA allows for access to disability related information if it is within a faculty or administration member’s educational need to know.

HIPAA covers a wide range of medical and insurance issues, but the part that impacts families is the 1996 Privacy Rule, which is much like FERPA in its approach. This section of HIPAA covers how and when personal health information (PHI) may be released by a medical professional or hospital. It also includes a provision that transfers the right to PHI from parent to child at age 18. Families should discuss how they want medical information to be shared and make sure that is reflected in the instructions they give to their doctor.

Photo Credit

Budget Cuts and Class Size

Reports today of the defeat by voters of more than half of New Jersey's school district budgets highlights a trend that will have a significant impact on students for years to come. In most years, more than 70% of school district budgets are passed by voters. The number rejected this year is the most since 1976. While it does not take an economist to understand the pressures facing families who must weigh the burden of school taxes at a time of lingering economic difficulties, we are deeply concerned that one inevitable result of budget defeats -- an increase in class size -- will have a long term negative impact on the children in the affected school districts.

It has been well settled by numerous researchers that small class size (generally 15 to 18 students in lower grades) is a significant factor in student achievement. Furthermore, these benefits are lasting, and have a particularly strong impact on younger children and "at risk" populations.

As districts around the country plan cuts to their budgets that include layoffs of thousands of teachers and increases in class size, this issue will arise in numerous districts and impact millions of children. Secretary of Education Arne Duncan noted in an interview in today's New York Times that there could be layoffs of between 100,000 to 300,000 public school employees nationally, and that the impact could be “education catastrophe.” We hope that school districts and voters alike take every possible action to render his concerns unfounded.

Pets

We had a particularly handsome visitor at our offices today, and he reminded us all about how pets can be a positive influence on children, especially those who struggle with school or with specific learning issues. We've written before about how some schools have programs where students read to dogs as a way of improving the students' fluency and confidence. But pets can have a positive impact on children in a number of ways -- and these benefits aren't limited to dogs or cats.

Perhaps the most significant benefit of pet ownership for children is that it teaches responsibility -- and consequences. Goldfish that are not fed, or are overfed, will not be around for long. Puppies that are not trained or walked regularly will get into mischief and have accidents around the house. Litter boxes that are not emptied will not be pleasant to have in your home. Every family will have to determine what kind of pet will be suitable for their home, based upon the age of the children, the kind of home (city, suburban, rural), and whether there are people home during the day. Allergies can also be a factor for some children. Even the breed of presidential pooch was chosen so as to avoid exacerbating the allergies of one of President Obama's daughters.

Families should consider what will happen if the pleas for a pet are not followed up by suitable responsible behavior. Will mom or dad pick up the slack? Will the pet be returned to the breeder or pet store? Pets shouldn't be an impulse purchase. Research can be an important part of the process and having children do some or all of this research can be another important skill builder. There are books at all levels about animals and their care and building upon a child's interest in a pet can be an important tool in building his or her reading skills.

Finally, parents need to consider another type of lesson that pets can teach -- the cycle of life and the "birds and the bees". Some species of small rodents and fish will eat their young. Many small animals and fish have short life cycles. The toilet bowl funeral service for a goldfish or the backyard burial of a gerbil can also teach life lessons, but families should think about the likelihood of these events before the trip to the pet store.

College Options

It's an annual ritual. Just as one high school class is finalizing its plans for after graduation, the rising seniors who will be graduating next year are focusing more intently on the college application process they will begin in the fall.

As your family plans to visit schools this summer, you might want to consider some programs we have encountered around the country that do a particularly good job serving students with learning issues. They include:

Mitchell College, in New London, CT which also has a terrific pre-college transitional program called Thames Academy.

East Carolina University (NC) and their Project STEPP , which begins in high school and provides continuing support through college.

The University of Arizona, whose SALT Center provides extensive supports for students with learning difficulties.

Lynn University in Boca Raton, FL, and its Institute for Achievement and Learning

For more programs, you can browse through two guides we like to college programs:

The K&W Guide to Colleges with Learning Disabilities or ADHD or Peterson's Colleges for Students with Learning Disabilities or ADD. Neither of these guides replaces a careful read of a program's website, followed by a visit, but they are good places to begin. Remember to carefully review the discussion in the beginning of each guide about how they indicate the different levels of support offered by different programs.

photo credit: http://www.flickr.com/photos/rutlo/ / CC BY 2.0

'>rutlo via flickr