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07.03.2009 5:37 pm

Supreme Court puts school districts on notice

St. Louis Post-Dispatch
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The Supreme Court’s recent ruling put school districts on notice that if it failed to reasonably address the special needs of students, parents could opt to have those needs met at a  private institution all at the school district’s expense.  While this has the potential of placing a huge financial burden upon school districts, it doesn’t have to if school districts offer special education services to those students who qualify for them.  Such is not always the case.

 

Educators will tell you that there has been a push by local school districts to significantly reduce the number of students qualifying for special education services.  Special education classes were seen as a dumping ground for many students who had classroom management issues, with a higher than expected proportion being minorities.   It is also true that special education programs are not fully funded by the federal government and frequently supplant funds from regular education programs.  That is not fair.  However, it is equally unfair for a school district to balance its books by depriving students of special education services.  That has the potential to happen through the implementation of another federal program — Response to Intervention (RtI).

 

The intent of RtI is educationally noteworthy. It is a means to accurately measure a student’s academic needs and to determine appropriate interventions.  Thus, RtI could provide assistance to those students not eligible for special education, but in need of additional regular education resources.  However, RtI could also be misused by some school districts by delaying special education referrals or by retaining students with unidentified special needs within less expensive regular education programs.   

 

Both regular and special education teachers are already seeing their workload increase because of RtI assignments, some possibly violating the Individuals with Disabilities Education Act.  While special education teachers often work with their students within regular education classrooms, thereby having “incidental” contact with regular education students, school districts are now having RtI students pulled out of their regular education classes and co-mingled with special education students who are receiving special education services at the time.  Not only does this deprive special education students of instructional minutes per their Individualized Education Plan, but it also denies them due process rights related to their privacy.  Special education advocates are surely paying attention.

 

With the recent Supreme Court ruling, it would be prudent if school districts did not misuse RtI or use it as a rationale to either deny or delay special education services to students.  All it takes are informed parents to decide that such tactics are not in the best interest of their child and that perhaps their child would be better served within a private classroom environment  — at the district’s expense, of course.

 

Ric Stephenson

Region 6 Director, Illinois Education Association-NEA

Edwardsville

38 comments

Comments are closed.

As usual, you leftists ignore the failing facts of government schools, but then again when did facts ever matter to you. It’s certainly not about the kids or success but more for jobs for NEA teachers and government indoctrination. Our government spends more and more on education and results are getting worse. So, instead of revamping a failing system you want more money for a failing system. That sounds like communism to me!

Dont tell me you care for the kids, it insults my intelligence. Why did Obama change his mind in DC when the parents were complaining about pulling the charter schools from those kids which was very successful. That’s because its not about the kids and success. If you dont agree, prove to me on a logical level why we should continue this failing system.

— superdave
4:46 pm July 4th, 2009

Zero Dace

How can one insult your intelligence when you have yet to prove that you have any.

There is a simple way to find out who is correct and who is not. The private schools take the students from a failing school. They do not get to choose which ones they get to accept. They do not get to exclude the low IQ students. They do not get to set rules that require the parents provide a certain amount of free labor. They must provide busing and a school nurse at their own expense. They must provide special ed classes when required, whether for remedial reading or the handicapped. If they do all that is required of the public school and within their budget and the test scores rise then it is the NEA’s fault, but then you only need to find the private school that is willing to do this.

But no you crow about the charter schools. The schools that get to ignore many if not most of what the private schools labor under. They can exclude a student for being a slow learner or having a special need that the school is not willing to provide.

You care not for the student that has learning difficulties for what ever reason. You care not for the troubled youth, you would rather see them fail and enter the prison system for the charter school will not wish to be bothered with such a student.

No you prefer to point to the schools that can pick and choose their students and proclaim that superior. The same could be done in the public schools if you release all the under achievers and the special needs children. Then you would see a dramatic increase in the schools test scores. However, that fact would then go against your preconceived idea’s and ruin the little world in which you live.

— Bob
5:03 pm July 4th, 2009

You are such an idiot!

So, you choose to keep a system that fails? So your idea is to continue this farce of fixing the schools by ignoring the successful ones? You idea of fixing the schools is to base everything on the lowest common denominator? What is your idea Mr. Smart guy? From what I read your idea is to delete the successful charter schools and go back to failure? Yes you idiot! You have no plan. Please name what parts the government does so well that you are so proud of. Please tell me how much money is enough to insure that kids will not be like an idiot like you who continues to fail. You cant even find a job and you are telling everyone else how things are going to make it.

So, come on Mr. Smart guy, tell us all what to do. You obviously have all the answers. You people make me sick. You have no solutions, all you do is bitch and moan and do NOTHING to change the current failing system!

— superdave
6:25 pm July 4th, 2009

Zero Dave

I might be an idiot as you say, but that still puts my intelligence at least 100 points higher than yours.

Were did I bitch and moan? I pointed out facts. But, hey, do not let facts get in your way.

You wish to do away with the public schools and have private/charter schools. So what are your answers for the students that those schools will not accept? Allow the public schools to only accept the smart and well behaved students and I am sure that their school GPA’s will go up.

Let the public schools not have to pay for busing and nurses out of their budget. Let the public schools only accept those students whose parents will provide free labor each year. I bet you see their school budgets go down.

But then you have offered no answer about the hard to educate or the special needs children. These are not addressed by private or charter schools. So do you see them has sub human and not worthy of our concern?

Then as always you play the card I am a successful businessman and you are unemployed. So are you saying that you are better than 14 million Americans. If that is so what about the American that is employed but makes less than you, are you better than they? What about the American whose business is twice the size of yours are you half the American that that person is? Is wealth or owning a business what matters in intelligence? If so Bernie Madoff was one heck of an intelligent man until a year ago, now I suppose under your scale he went from extremely intelligent to being an idiot.

My private investments have so far done $3 million in transactions to date. This foes to pay taxes and commissions so people are keeping their jobs. yet you can only focus on the idea that my normal job has a down period. So I guess $3 million does not carry any wright these days. You seem to look on it with disdain.

You are pathetic less than zero dave.

— Bob
7:10 pm July 4th, 2009

See, you have no solution. What is it with you people to believe that government is the answer. I am still waiting on all the things that government has done well and efficient.

Here are my solutions. First off, get rid of the ridiculous certification crap that does nothing but make the NEA stronger. The NEA is a joke and majorly responsible for the failure of our schools. Then allow private enterprise to take over. I believe the education of our kids would be done more efficient and more successful. Our nation didnt get where it is today because of government. Our nation got where it is today because of the people and their initiative and creativity, which is being stolen from our children. Your answers are always government. Its our government thats causing our demise as we speak. If we dont grab back our liberty then tyranny will take hold of us.

Look, I am hard about this because I see major indoctrination of our citizens. It steals creativity and critical thinking skills. I see lock step going on and frankly it saddens me to see so many fall for this garbage. Instead of people trusting themselves they put their faith in government, who continually screws us over and fails the very citizens it claims to represent.

So, here’s the difference. You want to entrust government who cannot be successful at educating our children. You wnat to entrust government to take care of your health care, disregarding all the things that it does so poorly. We are at a standstill. You trust Barney Frank Chris Dodd, Ted Kennedy, Obama(who has never run anything) and all these other people then your fellow American citizens who have given us choice and have done a wonderful job at bringing us products every single day.

I trust business and the private sector to do a much better job. I would hope that many of the dedicated teachers would form businesses to teach the children. You see, I have confidence in the people of the United States, its just too bad that you still believe that the lowest common denominator should dictate everything.

I grew up extremely poor. If I would have had the same attitude of many of you liberals there is no telling where I would have been or what I would have become. I was NEVER given anything. I have always worked very hard at everything I have done. I have been an entrepreneur most of my life. I believed in myself and the people I hired. I always tried to encourage anyone that worked for me that they could do well if they stopped making excuses. I feel I have turned many lives around. I have fired people and have them come back later telling me that they were sorry and totally understood why they were fired. Many have become successful.

So, you can take your failing system any day. I wont and will always work for individualism and success. In the mean time, you keep depending on your politician. He/she will steal from you every chance they get and you dont even have the intelligence to see it. What a shame!

— superdave
8:35 pm July 4th, 2009

Less than zero Dave

Your suggestions first of all do not address the question of the handicapped or the difficult to educate. Your system works just wonders for the average or bright kids but do nothing for the others. By the way the average and bright kids are the ones that are graduating anyway.

You want to place the education in the hands of the private industry. First of all did you ever hear about the private turn around firm they brought in to the STL schools and gave freedom of decision. They made a mess of it and only at a very high price.

Last year during a discussion about schools I asked questions about the private voucher system and I was jumped like crazy bu the right wing even though it is the conservatives pushing the system. I must assume that when you talk charter schools and private schools you are talking vouchers.

Guess what you idiot no one answered my questions.

You want answers well here are some answers. Close some schools and concentrate the students more, this reduces the staff.

If you cut something the first thing to go is the sports programs. I do not care if 5 members of your football program can get scholarships to college. Most of those will not graduate and the money spent keeping a sports program going will pay a teachers salary.

For those that are obviously not going to make it to college offer alternative courses. When I say alternative I mean trade programs. I also mean real trade programs. I do not know how it is today but several years ago they offered courses in how to run a printing press, the problem was that they were using out dated equipment so they were not teaching to industry standards.

According to some studies within ten years we are going to have a severe shortage of plumbers electricians and carpenters. So start a trade program to teach this and urge the students who are not going to college to enter these programs.

Secretary is a trade so do not demean it and teach it to those not going to college.

Do not teach computer programming etc in the trade programs most of the students who come out ready for this are not very good. I know when I say that someone will say that they work with a good one. I have worked with plenty and they are not very good.

Start a job placement service in the school. Primarily for graduating seniors but also to help the lower classes find summer jobs.

Of course I would continue the remedial classes. If there are enough handicapped students for a class then have a class in school otherwise pay for them to go to alternative teaching facilities.

Increase the honors classes. If the student is bright let them work at a harder level. My nephew will be a second semester college freshman when he graduates from high school.

Do away with the no child left behind program. It is expensive and just encourages people to teach to what is on the test.

Talk about lock step. When I went through the education system we were taught about how the indians loved the presence of the white man. We were taught it was just a few bad indians that stirred everything up. We were taught how the British were so terrible during the war of 1812. Guess what a lot of what we were taught was wrong. When it was corrected the conservatives wailed about revisionist history after all others could not dislike us because we are the USA.

So less than zero. You depend on your private enterprise to reduce the cost after all they not only need to cover their cost but they also need to make a profit. So current cost plus profit, yep a good way to keep the cost down.

— Bob
9:14 pm July 4th, 2009

This is where public education has been headed for years. When schools are in trouble, we ask lawyers, Doctors, Politicians, Clergy, Business leaders, what’s wrong with public education? We never ask teachers. We don’t want to know the truth.

Prediction: Within 20 years, every child in public schools will have an IEP. They’ll also probably have a lawyer to go with them from class to class, payed for by taxpayers.

— Jellio
11:21 pm July 4th, 2009

So, government wins again. What a surprise! You government idiots are ruining this country. I am still waiting for you to tell me what government does great. You cant answer that question because it does nothing great, except for the military. However with politicians putting their grubby hands in then it too is inefficient but thats not the commanders fault.

So, you keep kissing those politicians asses. Im glad you love your government. Hitlers people did too.

Our country is great because of people and not government. Private enterprise has mad our country great but according your sissy butt you still love your corrupt politicians. Enjoy, I am done with idiots like you. You again are ruining the greatest country ever. Do you care? Obviously not.

Done!

— superdave
11:32 pm July 4th, 2009

I can see that they brought a computer into his padded cell, again.

— Jellio
11:36 pm July 4th, 2009

Zero Dave

You are waiting for me to tell you what the government does better than private industry.

Funny thing is that since you brought up how I am still waiting for you to answer my question. You suggest that I have no right to give my opinion because I am unemployed or if I have the right it should be discounted. So are you saying that 14 million Americans opinions should be discounted? Are you saying income levels should be considered as to their opinions validity? If so does that mean someone making $2 million is worth twice as much as $1 million.

YOU FAILED TO ANSWER THE QUESTION,

So you want something that government does better than private companies?

Government does EDUCATION better than private companies. The reason is simple government will try, perhaps fail in some circumstances but it at least tries, to educate everybody. At the same time PRIVATE industry will skim the easy and profitable part of the population and throw the rest aside.

Your plan is to do away with government education then HOPE that enough private companies are formed to educate everyone, even those in the rural area’s were the population is sparse and spread out making it unprofitable for private companies.

You see that is what is wrong with your pea brain you only look at the easy to educate and densely populated area’s. Your pea brain cannot comprehend that private industry would skip over large portions of the population.

But then if your plan did go into effect we would have those large portions of the population that no attempt was made to educate. So that portion of the population would be unemployable. So then taxes could be used to support that portion of the population. So you would be happy in the end, because it would give you somethi9ng to moan and groan about and it all was thanks to your plan.

— Bob
6:47 am July 5th, 2009

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