"The truth is like the sun. You can block it out for a
time but it ain't goin' away." - Elvis
![[New!]](http://www.keepeanesinformed.com/images/smallnew.gif){kind=small}
![[Company Logo Image]](_borders/AG00052_.GIF)
Keep Eanes Informed
|
|
|
A day without sunshine is like, you know, night. - Steve Martin It is the mark of an educated mind to be able to entertain a thought without accepting it. - Aristotle
* Please download for best results in using this website.
Click here: Animator vs. Animation
To avoid criticism, say nothing, do nothing, be nothing. - Albert Einstein
All children deserve an equal playing field. - Ed Allen, Westlake Picayune April 2008
My vision for Eanes can't be seen on a Jumbotron ...
- Eanes ISD parent
"Our lives begin to end the day we become silent about things that matter." ~ Martin Luther King, Jr.
If You Aren't Completely Appalled You Haven't Been Paying Attention
All you need in this life is ignorance and confidence; then success is sure. - Mark Twain
Information is
currency for democracy.
-Thomas Jefferson
It's about
power and money and the law firms who control and run
the school districts.
- K.
Yeaman,
Mom
Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.- Albert Einstein
The best
protection of the Texas Public Information Act is
enforcement of the Texas Public Information Act.
- Dianna Pharr
|
Education - Special Needs Sometimes one pays most for the things one gets for nothing. - Albert Einstein
When children and families are harmed in the pursuit of FAPE, and private attorneys prosper, just how "free" is FAPE* ? How much does FAPE cost? * FAPE - Free Appropriate Public Education Rethink special education The current special-education system is an arrangement that only lawyers could love. It creates rights that can only be enforced in court — if then. It creates conflict between families and schools. It is all about process and not about results. Adding vouchers to the mix changes all of that by giving families an alternative mechanism for getting what they need, reducing costs and conflict, and ensuring better results for all disabled students. Introduction: Rethink special education - In a three-part series beginning today on our Op-Ed page, the authors of the report, Marcus A. Winters and Jay P. Greene, explain the effects of Florida's McKay voucher/special education program, and why parents view vouchers and special education as a good match — "more than 90 percent of parents participating in the McKay program report that they are satisfied or very satisfied, while about a third of them were similarly satisfied with their previous public school." In the third installment that will be published Thursday, the authors look at vouchers and special education through the lens of the federal government and presidential politics, encouraging "a fresh approach to school choice that would allow parents of disabled students to use federal special education dollars in any public or private school they see fit." Part 1: Vouchers and special education - by Marcus A. Winters and Jay P. Greene April 29, 2008 Part 2: Vouchers for special-ed students - by Marcus A. Winters and Jay P. Greene - April 30, 2008Part 3: The politics of special-ed voucher - by Marcus A. Winters and Jay P. Greene - May 1, 2008 Read Here: The Effect of Special Education Vouchers on Public School Achievement: Evidence From Florida’s McKay Scholarship Program Want to learn more about this issue? Visit this site's "Idea/Section 504" page or "Private Law Firms" page. 
Texas
Taxpayers and the TEA: The Fleecing
of Special Education
Don’t be bitter or ugly while playing! No, that doesn’t look good on TV and our hosts certainly don’t want that for Texas! It would damage their ratings! So be positive parents! Your hosts are doing a great job and are listening to you and are making Texas a great place for your child with a disability to play! Mind you we’re ranked last on the categories that count most, but still, smiles contestants!!! We want to keep our image looking as perky and pretty as possible! Applause, applause! Now that you’ve been adequately prepped to play - let’s begin playing “Wheel of Mis-Fortune!” It is amazing what you can accomplish if you do not care who gets the credit. - Harry S. Truman Searching for information about the Eanes ISD SECAC (Special Education Citizens Advisory Committee)? Unfortunately, the Eanes ISD committee supporting the needs of families and children with disabilities no longer exists. I always attempt to address issues within the district before proceeding outside for resolution. I noticed that children with special needs such as disabilities and intellectual giftedness were not represented on the District Leadership Team. As Eanes TAG Board Member (Eanes Talented and Gifted), 03-04 President of the Eanes ISD SECAC (Special Education Citizens Advisory Committee) and 03-04 Bridge Point Elementary Campus Leadership Team Member, I advocated for the inclusion of special education representation on the District Leadership Committee. I spoke out at board meetings about this issue and wrote letters to the Eanes ISD administrators and superintendent as well. Over two years later, the district changed its practice and policy to include representation for children with special needs. Some of the documentation related to my advocacy effort is attached below. Dianna Pharr Retaliation against parents is a taboo topic in special education. No one knows how wide spread it is, or how often it occurs. Yet, wherever parents gather and whenever parents talk among themselves, the topic of retaliation receives lively attention. The focus of this essay is on parents; however, retaliation is not limited to parents alone. Please visit the Parent Advocacy page of this site to read more ... see gold sidebar on this page.
| ||||
|
U. S. Supreme Court to Hear Jacob Winkelman, et al. v. Parma Schools
On
February 27, 2007, the U. S. Supreme Court will hear Oral Argument
in Jacob Winkelman, et. al. v. Parma City Schools. The
decision will resolve a split among circuits about whether
non-lawyer parents may represent the interests of their children
with disabilities in federal court. The Winkelman Parma page includes:
|
The highest result of education is tolerance.
- Helen Keller
RESOURCES:
Internet Resource List (Highly Recommended)
Reed Martin Special Education Advocacy
Understanding Maintenance of Effort (MOE)
Medically Dependent Children Program (MDCP)
"A child miseducated is a child lost." John F. Kennedy, 11th January, 1962.
ERIC Clearinghouse on Disabilities and Gifted Education (ERIC EC)June 27, 2000 TABLE OF CONTENTS Americans with Disabilities Act This guide, prepared by the National Council on Disability and the National Urban League, provides a summary of federal civil rights laws that ensure equal opportunity for people with disabilities. The original source for this information is the U.S. Department of Justice (DOJ). To find out more about how these laws may apply to you or your family and friends, please contact the agencies and organizations listed in this summary. AMERICANS WITH DISABILITIES ACT (ADA) The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. The act also applies to the United States Congress. To be protected by ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. ADA does not specifically name all the impairments that are covered. ADA Title I: Employment Title I requires employers with 15 or more employees to provide qualified individuals with disabilities with an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless the accommodation results in undue hardship for the employer. Religious entities with 15 or more employees are covered under title I. Title I complaints must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or within 300 days if the charge is filed with a designated state or local fair employment practice agency. Individuals may file a lawsuit in federal court only after they receive a right-to-sue letter from EEOC. Charges of employment discrimination on the basis of disability may be filed at any EEOC field office. Field offices are located in 50 cities throughout the United States and are listed in most telephone directories under "U.S. Government." For the appropriate EEOC field office in your geographic area, call:
(800) 669-4000 (voice) You can obtain publications and information on EEOC-enforced laws by calling (800) 669-3362 (voice) (800) 526-7234 (voice/relay) ADA Title II: State and Local Government Activities Title II covers all activities of state and local governments, regardless of the government entity's size or whether it receives federal funding. Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities, such as public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings. State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and they must communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. Complaints of title II violations may be filed with DOJ within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by DOJ. DOJ may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact: Disability Rights Section Title II may also be enforced through private lawsuits in federal court. It is not necessary to file a complaint with DOJ or any other federal agency, or to receive a right-to-sue letter, before going to court. ADA Title II: Public Transportation The transportation provisions of title II cover public transportation services, such as city buses, and public rail transit, such as subways, commuter rails, and Amtrak. Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good-faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service through which persons who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations. Questions and complaints about public transportation should be directed to: Federal Transit Administration ADA Title III: Public Accommodations Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities that own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities, including sports stadiums and fitness clubs. Transportation services provided by private entities, such as taxicabs, are also covered by title III. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where this can be done without much difficulty or expense, given the public accommodation's resources. Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered. Commercial facilities, such as factories and warehouses, must comply with ADA's architectural standards for new construction and alterations. Complaints of title III violations may be filed with DOJ. In certain situations, cases may be referred to a mediation program sponsored by DOJ. DOJ is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with DOJ or any federal agency, or to receive a right-to-sue letter, before going to court. For more information, contact: Disability Rights Section ADA Title IV: Telecommunications Relay Services Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use text telephones (TTYs) and callers who use voice telephones to communicate with each other through a third-party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS. Title IV also requires closed captioning of federally funded public service announcements. For more information about TRS, contact the FCC at: Federal Communications Commission TELECOMMUNICATIONS ACT Section 255 and section 251(a)(2) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if this goal is readily achievable. These amendments ensure that people with disabilities will have access to a broad range of products and services--such as telephones, cell phones, pagers, call waiting, and operator services--that, in the past, were inaccessible to many users with disabilities. For more information, contact: Federal Communications Commission FAIR HOUSING ACT The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives federal financial assistance, and state and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising. The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units. Complaints of Fair Housing Act violations may be filed with the U.S. Department of Housing and Urban Development. For more information or to file a complaint, contact: Office of Program Compliance and Disability
Rights For questions about the Fair Housing Act, call the Office of Fair Housing and Equal Opportunity at
(202) 708-2333 (voice) (800) 767-7468 (voice/relay) Additionally, DOJ can file a lawsuit in cases involving a pattern or practice of discrimination. The Fair Housing Act also may be enforced through private lawsuits. AIR CARRIER ACCESS ACT The Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments. The act applies only to air carriers that provide regularly scheduled services for hire to the public. Requirements address a wide range of issues, including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities. People may enforce rights under the Air Carrier Access Act by filing a complaint with the U.S. Department of Transportation, or by bringing a lawsuit in federal court. For more information or to file a complaint, contact: Aviation Consumer Protection Division VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT The Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections. Where no accessible location is available to serve as a polling place, a political subdivision must provide an alternate means of casting a ballot on the day of the election. This law also requires states to make registration and voting aids available for disabled and elderly voters, including information by text telephones. For more information, contact Voting Section NATIONAL VOTER REGISTRATION ACT The National Voter Registration Act of 1993, also known as the "Motor Voter Act," makes it easier for all Americans to exercise their fundamental right to vote. One of the basic purposes of the act is to increase the historically low registration rates of minorities and persons with disabilities that have resulted from discrimination. The act requires all offices of state-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration forms, to assist them in completing the forms, and to transmit completed forms to the appropriate state official. For more information, contact: Voting Section CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT The Civil Rights of Institutionalized Persons Act (CRIPA) authorizes the U.S. Attorney General to investigate conditions of confinement at state and local government institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities. Its purpose is to allow the Attorney General to uncover and correct widespread deficiencies that seriously jeopardize the health and safety of residents of institutions. The Attorney General does not have authority under CRIPA to investigate isolated incidents or to represent individual institutionalized persons. The Attorney General may initiate civil lawsuits where there is reasonable cause to believe that conditions are "egregious or flagrant," that they are subjecting residents to "grievous harm," and that they are part of a "pattern or practice" of resistance to residents' full enjoyment of constitutional or federal rights, including title II of ADA and section 504 of the Rehabilitation Act. For more information or to bring a matter to DOJ's attention, contact: Special Litigation Section INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free, appropriate public education in the least restrictive environment appropriate to their individual needs. IDEA requires public school systems to develop appropriate Individualized Education Programs (IEPs) for each child. The specific special education and related services outlined in each IEP reflect the individual needs of each student. IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be reviewed at least annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion. If parents disagree with the proposed IEP, they can request a due process hearing and a review from the state educational agency, if applicable in that state. They also can appeal the state agency's decision to state or federal court. For more information, contact Office of Special Education Programs REHABILITATION ACT The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of ADA. Section 501 Section 501 requires affirmative action and nondiscrimination in employment by federal agencies of the executive branch. To obtain more information or to file a complaint, employees should contact their agency's Equal Employment Opportunity Office. Section 503 Section 503 requires affirmative action and prohibits employment discrimination by federal government contractors and subcontractors with contracts of more than $10,000. For more information on section 503, contact: Office of Federal Contract Compliance
Programs Section 504 Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives federal financial assistance or is conducted by any agency of the executive branch or the U.S. Postal Service. Each federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide federal financial assistance also have section 504 regulations covering entities that receive federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities, program accessibility, effective communication with people who have hearing or vision disabilities, and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a federal agency or to receive a right-to-sue letter before going to court. For information on how to file section 504 complaints with the appropriate agency, contact: Disability Rights Section Section 508
Section 508 establishes
requirements for electronic and information technology
developed, maintained, procured, or used by the federal
government. Section 508 requires federal electronic and
information technology to be accessible to people with
disabilities, including employees and members of the public. GSA Office of Governmentwide Policy U.S. Architectural and Transportation ARCHITECTURAL BARRIERS ACT (ABA) The Architectural Barriers Act (ABA) requires that buildings and facilities that are designed, constructed, or altered with federal funds, or leased by a federal agency, comply with federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address the activities conducted in those buildings and facilities. Facilities of the U.S. Postal Service are covered by ABA. For more information or to file a complaint, contact: U.S. Architectural and Transportation GENERAL SOURCES OF DISABILITY RIGHTS INFORMATION ADA Information Line Regional Disability and Business Technical National Council on Disability
|
"You don't get harmony when everybody sings the same note."
- Doug Floyd
"If you are going to care about the fall of the sparrow, you can't pick and choose who's going to be the sparrow. It's everybody."
- Madeleine L'Engle
"Everyone does better when everyone does better."
|