Re: THE SPECIAL ED ADVOCATE, FEBRUARY 27, 2001 (V. 4, N. 7)

[Guest guest]

Highlights: In this issue, we answer questions about IEP goals and

long-term planning. Pete prevailed at the U. S. Court of Appeals on one

case and may be headed back to the U. S. Supreme Court on another case.

On February 20, we shared our goal to hit 21,000 subscribers by the end of

the week. You pitched in -- and we passed that goal in two days! On

February 26, we had 21,194 subscribers. Please help by forwarding this

newsletter or the newsletter link to a friend:

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We designed the slaw flyer as an easy way to get the word out!

Please download the flyer and share it with others!

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1. IEP GOALS: HOW MANY GOALS ARE ALLOWED? CAN YOU HELP US WRITE A VISION

STATEMENT?

2. NEW DECISION FROM 4TH CIRCUIT ABOUT NOTICE & LIMITATIONS

3. OHIO DISTRICT APPEALS JAMES CASE TO U. S. SUPREME COURT

4. SALE ENDS ON FEBRUARY 28 - ACT NOW, SAVE $$

5. " ISSUES IN SPECIAL EDUCATION LITIGATION "

6. SUBSCRIPTION AND CONTACT INFO

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1. IEPS: HOW MANY GOALS ARE ALLOWED? WHAT IS A VISION STATEMENT?

" What is the maximum number of goals that can be in a child's IEP? I was

told that our son can only have 4 IEP goals under the new plan (he has 10

goals in his present IEP). Is this true? "

" Also, the IEP team wanted us to write a '5 year vision statement' for our

son. We'll be lucky if we can come up with a one year vision statement! Is

this a new part of the law? How do you write a vision statement? We don't

know where to start. "

What do you think? Is there a limit on the number of goals in a child's

IEP? If so, what's the limit? 4 goals? 10 goals? And what is this vision

statement?

Read our answers to 's questions at:

http://www.wrightslaw.com/advoc/ltrs/masterplan.htm

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2. NEW DECISION FROM 4TH CIRCUIT ABOUT NOTICE & LIMITATIONS

On Wednesday, February 21, 2001, Pete prevailed in the U. S. Court of

Appeals for the Fourth Circuit.

With no evidence being heard, a North Carolina family lost at due process,

lost at review, and filed suit in the U. S. District Court. After the case

was filed, Pete was retained. The U. S. District Court upheld the earlier

dismissals by the Administrative Law Judge and Review Officer.

The issue was the 60 day statute of limitations in North Carolina to

request a special education due process hearing following an IEP meeting

or other significant event. Pete argued that the 60 day timeline was void

and against public policy, and that the parents did not have proper NOTICE

of the running of the statute of limitations.

The U. S. Department of Justice participated in the case on behalf of

Pete's clients. The N.C. Office of the Attorney General participated on

behalf of the school districts.

Pete won a favorable decision, but for the wrong reasons. Pete wanted

statute declared void. Instead, the court upheld the N.C. statute, but

held that the parents did not have notice of the running of the statute.

The case was remanded back to the District Court.

North Carolina parents: Read this case carefully. If you do not request a

due process hearing within 60 days, you may lose your rights. In law, when

parties have rights, but " sleep on them " (let them pass), they lose their

rights. Courts rarely step in to protect individuals who fail to assert

their rights. You must ensure that you provide the school district with

the mandated 60 day notice.

Pete's case, M.E. v. Buncombe County, was merged with another case, CM v.

County which was also an appeal of an adverse ruling on the 60

day statute of limitations.

http://www.wrightslaw.com/law/caselaw/2001/4th_CM_henderson_nc.pdf

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3. OHIO SCHOOL DISTRICT APPEALS JAMES CASE TO U. S. SUPREME COURT

Pete may be headed back to the U. S. Supreme Court.

Several months ago you learned about the family from Ohio. Without

hearing evidence, and based on motions, Pete lost at due process, lost at

review, appealed to the U. S. District Court, and lost again. On appeal to

the U.S. Court of Appeals for the Sixth Circuit, he prevailed.

Upper Arlington School District asked the entire panel of judges to

reconsider the case. The judges declined. Upper Arlington has filed a

petition for certiorari with the U. S. Supreme Court. We are waiting to

hear if the high court agrees to hear the case.

The decisions in ph v. Upper Arlington Sch. District are at:

http://www.wrightslaw.com/law/caselaw/6th_james_upperarlington_00_0928.htm

http://www.wrightslaw.com/law/caselaw/6th_james_upperarlington_00_0928.pdf

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4. SALE ENDS ON FEBRUARY 28 - ACT NOW, SAVE $$

Harbor House Law Press is offering FREE SHIPPING on slaw products

through February 28!

Get the Deluxe Edition of WRIGHTSLAW: SPECIAL EDUCATION LAW (Retail:

$39.95) for $34.95 - save $5.00! The Deluxe Edition includes the

slaw Companion CD-ROM (Value: $19.95)

A printer-friendly copy of the February Sale:

http://www.wrightslaw.com/news/2001/feb_sale.htm

Internet orders:

http://www.wrightslaw.com/store/index.html

Toll-free phone, fax and mail orders:

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5. " ISSUES IN SPECIAL EDUCATION LITIGATION "

On February 5, we advised subscribers about " Issues in Special Education

Litigation, " the new issue of Perspectives. The issue includes:

" Theme Editor's Summary " by W. D. , Esq.

" Special Education Law, IEPs, and Tactics Issues " by W. D. ,

Esq.

" How to Prepare a Psychoeducational Evaluation Report and Testimony As An

Expert Witness " by Margaret Kay, Ed.D, NCSP, DABPS

" Lay Advocacy in Special Education " by Brice L. Palmer

" Dyslexia and the Aptitude Achievement Discrepancy Controversy " by G.

Emerson Dickman III, Esq.

" Special Education Litigation " by Sonja D. Kerr, Esq.

You can order " Issues in Special Education Litigation " for $3.00, with

reductions for larger requests. To order " Issues in Special Education

Litigation, " please call Margaret Palmer at or email Ms.

Palmer at: mpalmer@...

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6. SUBSCRIPTION INFORMATION

The Special Ed Advocate is a free online newsletter about special

education legal and advocacy issues, cases, tactics and strategy, and

Internet resources. Subscribers to The Special Ed Advocate receive

announcements and " alerts " about new cases, events, and special offers on

slaw books.

To subscribe, please go to http://www.wrightslaw.com/subscribe.htm

You can read back issues of The Special Ed Advocate at -

http://www.wrightslaw.com/main_newsletter_archives.htm

To unsubscribe, please follow the link at the end of this newsletter.

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CONTACT INFORMATION

Pete and Pam

slaw & The Special Ed Advocate

P. O. Box 1008

Deltaville, VA 23043

Website: http://www.wrightslaw.com

Email: webmaster@...

END