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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, all of you are too busy throwing around childish, political nonsense here that you miss the point entirely. How shocking.

It doesn’t really matter who is running the show here people. The real problem with education in this country is not who is running it! The problem is our entire society’s attitude on this subject. In general, our society puts more of an emphasis on money, sports and looks than on intelligence.

There are exceptions. Some families make it known to their children from an early age that the number one priority is their education. They stress that average grades are not good enough. I did not grow up in one of these families. I love my parents, and they did the best they could, but sports and popularity were definitely more appreciated in my house than good grades.

It doesn’t matter if the government is running the show, or if private business is. If we don’t decide as Americans that we value intelligence and academic excellence above all of the other nonsense, we will never have a good academic system. As usual, the responsibility lies within the home, and within each of us. We make our own destiny.

And one thing is for sure… Schools need to start offering classes on basic human respect and kindness. Because that is definitely something that is missing here in this blog. (yes, Bob and Dave, I am talking to you!)

— Joey
12:05 pm July 6th, 2009

Joey

I am not here to apologize my postings.

I disagree with you concerning the educational problems being based on the over emphasis in looks, sports, money etc. You are looking at just the American system and you would be correct if the other societies emphasized education over sports, money, looks, etc. All the European societies have the same emphasis and yet they rate ahead of the American system.

The question is what changed in the American system. One of them is as I have said that there was a change in emphasis in retaining students. In the 1950’s and even 1960’s if you were challenged academically you were urged to leave school and start a career. You could find solid employment in factories, etc that provided a good income. That is no longer true, in most cases. We try to retain these students as a result they lower the GPA of their graduating class.

That is not to mean that they should be discarded. However, more and better and relevant trade classes should be offered. I do not know what it is like today, but not that long ago you could get training in the technical schools to be a printer. The problem was that the techniques the schools were teaching were out of date as soon as they graduated.

Even with the drop in construction there are studies that say that not to far in the future there will be a severe need for carpenters, electricians, plumbers, etc. Why not open classes so that those that will never go to college learn these careers in High School. I know that some this will require them actually to construction sites.

At the same time when cuts are made make it a law that before classes can be cut the sports programs must be cut?

For the gifted students offer more advanced classes. They are not only harder but allows one to earn credit towards college.

Specialize some of the classes. When I went to High School the same teacher who taught history taught the Constitution. Few of them were capable of doing both. Why not have a separate Constitution class?

The special needs students are a different issue. If there is enough of them to warrant a teacher then teach in the school. If the number does not warrant the teacher then out source.

To compare the public schools to the charter or private schools is ridiculous. They non public schools get to choose their students, can expel the student much easier, they can make demands on parents that public schools cannot, and they must try to educate the student no matter what the disability or problems the student might have.

If we dissolved the public school system that leaves a large number of questions. Assuming we go to a voucher system we still have the following questions and probably more. Who administers the voucher system? Will there be a minimal standards that the schools must meet? Do the vouchers include transportation, so if you live in South County and go to school in North County because of the curriculum how much of the transportation is paid for by the vouchers? Are we going to guarantee that schools are accessible to all students, meaning will we be sure that there are sufficient number of schools in the inner city and they will not all open in the county? How do you decide who gets into each school, are we going to allow the schools to decide etc. for the schools might all fight for the better students? How do we evaluate a school? i.e. if all the good students do go to one school and the bad students to another then one school has a high GPA and the other a low GPA. Is that how we evaluate the schools or do we evaluate them by doing the best with what they have? If we do evaluate them by them doing the best with what they have who evaluates them? Assuming we use the voucher system how do you certify or de-certify a school? A school receiving voucher money might be turning out nothing but straight A students, but that might be because they set such low standards that it is difficult not to get an A. They then advertise that they have all these A students and the cycle just continues.

I know some argue that wanting to fix the public school system is pandering to politicians and unions. However, it is a better alternative than abolishing and then just hoping that private industry steps in a meets the needs and does it for the same cost. Remember private industry does not wish to break even, their goal is to meet the cost plus make a profit.

So you might not like the tone etc. of the exchange. I am not here to defend or apologize. It is actually easier here than other sites.

— Bob
12:45 pm July 6th, 2009

Joey, this is one time I will disagree with you. The statement saying that it doesnt matter who is running the show is quite naive. So, by your statement it doesnt matter who is the leader is what you are saying? How about this country right now? How about every single family? How about business? Leadership is everything and at this point the government dictates what is taught and how it is taught. I am really surprised by your comments.

One earlier person mentioned about bringing it back to the local leadership and I can agree with most of that. However, with our current politicians that will never happen. They want that indoctrination, period. The educational system is not based on the lowest common denominator. What kind of success do you get from that? Try the current system, which of course ultimately is a failure. You cannot tell me that when the US is rated in the bottom 20 that that’s a positive.

So, you might want to rethink your position.

— superdave
1:15 pm July 6th, 2009

Is there any way we can organize a cage match between Bob and Superdave?

— Amazedbythelunacy
2:01 pm July 6th, 2009

She couldn’t handle me on her best day! LOL

— superdave
3:27 pm July 6th, 2009

“at this point the government dictates what is taught and how it is taught”

That was a false statement. James R complained that a whole list of classes are not offered in public schools. I know my nephews have taken or plan on taking every subject he listed. So if James R is in the know then he is talking about a different school district than my nephews. Which would mean that the local district chooses the subjects or James R is flat wrong.

I have relatives that work in school districts. They only need to follow federal rules on subjects if they accept federal money. The biggest difference is the no child left behind. That does put more pressure in what emphasis is made on the schools. Even there though if certain federal funding is bypassed then a school district is not subject no child left behind. Some school districts bypassed the money because they would not get enough money to cover the cost of the changes.

So when the Federal government dictates rules it is generally because the local school district is accepting specific Federal Monies.

— Bob
3:44 pm July 6th, 2009

50 to 1 on superdave, round 1 KO

— magnum
3:47 pm July 6th, 2009

Magnum, thanks for the confidence and the smile. We have to stick together! These people are nuts! I played hockey for years and learned to handle any size!

— superdave
4:48 pm July 6th, 2009

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