ny times article on ld

[Guest guest]

Oooops - that's a " Segalism " not a " Steereism " !!! <G>

Patty

(land)

[Guest guest]

Not much difference there.....Sigal is Steere's puppet.

LOL,

Marta NJ

-

>From: McDermott <pattymcd@...>

>

>Oooops - that's a " Segalism " not a " Steereism " !!! <G>

>

> Patty

> (land)

[Guest guest]

February 27, 2010

PATIENT MONEY

By WALECIA KONRAD

WHEN it comes to special education, Becky McGee and her 19-year-old son,

, feel as if they've seen it all.

And Ms. McGee hopes her hard-won lessons might benefit other parents.

was born with orthopedic and neurological problems. In elementary

school he was found to have several

learning disabilities that included severe dyslexia and attention-deficit

disorder. Ms. McGee sought for years for

her son to get the kinds of therapy and intervention that would help him

succeed in his public school system in

Yorktown, Va.

Throughout 's elementary, middle and high school years, Ms. McGee had to

fight for the special services,

particularly for a reading program for dyslexia that worked well for her

son. She even enlisted the help of a

lawyer who specializes in learning disability cases.

At one point, Ms. McGee and her husband, Chuck, decided to put in

private school for two years before he

went to public high school. They often paid out-of-pocket for reading

therapies that schools could not or would

not provide.

The roller-coaster ride ended well. is now enrolled at ECPI College of

Technology, studying computer

networking.

" is an amazing kid, and he's doing great, " Ms. McGee said. " All I can

say now is I'm glad public school is

behind us. "

The McGees' travails are hardly unique. More than 6 percent of school-age

children - almost three million

students - are receiving special education services because of learning

disabilities, according to the Learning

Disabilities Association of America.

The cost of such special services can easily total thousands of dollars a

year per child. But the Learning

Disabilities Association suggests that when learning disabilities are left

untreated, the overall cost to society may

be far higher.

That's where federal special education law comes in. The Individuals With

Disabilities Education Act, passed in

1990 as a successor to a similar law from 1975, is meant to give all

children with learning disabilities an

appropriate education in the least restrictive environment possible. Under

the law, known by its acronym IDEA,

parents are supposed to be active partners in coming up with the education

plan that best fits their child.

Last week my colleague Lesley Alderman gave advice on how to get a proper

diagnosis if you suspect your child

has a learning disability. This week I'll delve into ways to make sure your

child is getting the educational help he

or she needs.

KNOW YOUR RIGHTS " It's really important for every parent with a

learning-disabled child to understand

the law thoroughly, so you know what your rights are and what services your

child may be eligible for, " said

, the education lawyer and advocate who assisted Ms. McGee.

Parents have extensive rights under IDEA, including the right to ask for an

evaluation or a re-evaluation of their

child at any time. Most important, however, is the parents' right to be part

of the team that decides what special

education services and therapies the child will receive.

" The law was written with the idea that parents are equal participants in

developing the child's education plan, "

says Ron Hager, senior staff lawyer at the National Disability Rights

Network.

IDEA requires each child with a learning disability to have an

individualized education plan tailored specifically

to his or her needs. This could include services like speech and

occupational therapy, reading intervention and a

full-time aide in the classroom.

Exactly what services your child receives is supposed to be decided each

year at your child's individualized

education plan meeting, which usually includes your child's classroom

teachers, a special education instructor, a

school administrator and someone representing the school district.

Before attending such a meeting, you want to be as well informed as possible

about your child's specific

disability and what services are provided in your state, says Pat Lillie,

president of the Learning Disabilities

Association of America.

" I can't tell you how many times I've been the one to tell the school what's

exactly in the law, " Ms. McGee said.

" After all, these are teachers and administrators, not lawyers. I always

take a copy of the law with me. "

Ms. McGee suggests that when you meet with the school's staff members about

the individualized education

plan, you take along a spouse or a good friend who knows your child well.

Even in the best cases, these meetings

can be extremely emotional, Ms. McGee said.

" The specialists and administrators are on the other side of the table

telling me my son is behind on this, he can't

do that, he's not up to speed on such and such, " she said. " It's all helpful

information, but it's still difficult. "

GETTING MORE What if you've successfully secured an individualized education

plan but are convinced your

child needs more intervention?

Let's say the child has fine-motor problems but isn't receiving occupational

therapy. Or perhaps the child goes to

occupational therapy once a week but you think three times a week is more

appropriate.

If your child is not making progress, you do have the right to question the

plan. You may request an

individualized education plan meeting at any time. (This request is best

done in writing, by certified mail.) At

the meeting, you can make your case for more services.

" Anytime you're asking for more, that's when you're going to get into an

argument, " Ms. McGee said.

In part, schools might be resistant because the extra services cut into

already tight budgets. Aside from the cost,

each side at these meetings can be territorial.

" There can definitely be tension between the parent and the school, " said

Ron Hager, senior staff lawyer at the

National Disability Rights Network. " You as the parent know your child best,

but the teachers and

administrators see themselves as the experts. "

Your best defense? First, listen to the educators; they might know what

they're talking about. But parents should

also become experts themselves. You'll need to learn about your child's

specific disabilities and the treatments

and therapies that work for his or her issues, Mr. Hager advised. Then you

need to make a compelling case to

your child's individualized education plan team.

If you find that the school is not acknowledging problems that you know are

interfering with his or her learning,

you may have to ask to have your child re-evaluated. To expedite this

process, parents often pay for a private

evaluation themselves, costing $500 to $5,000, depending on the tests.

Finally, said Ms. McGee, " you have to think creatively. "

When was in elementary school, for example, he had been turned down for

occupational therapy. The

school argued that it was a medical need, which is not covered by IDEA,

rather than an educational need.

" But the law says the child should be provided the support needed to get

through the academic day, " argued Ms.

McGee. " Lunch is part of the day, and needed to be able to hold his

lunch tray. " McGee succeeded in her

argument, and received occupational therapy.

HITTING AN IMPASSE If you cannot reach an agreement with your child's

school, you have the right to a

due process hearing, after which an administrative officer or judge makes a

ruling on the dispute. This is when

you want a lawyer or professional advocate by your side.

" If you've taken your fight this far, you want to make sure you're getting

the best chance for success, " said Olga

Pribyl, managing lawyer for the special education office at Equip for

Equality, an advocacy center in Illinois.

Copyright 2010 The New York Times Company