Get Schooled

By Janis Ian

March 26, 2007 11:27 AM | Link to this

It happens much more than you’d think mainly because the vast majority of adults who teach or are in charge of special education are typically brain dead types who couldn’t teach their way out of a greasy KFC box.

Most amusing is the statement about the parents: “they knew he wasn’t mentally disabled.” How did they know this? I’ve been underwhelmed by the many, many parents who just know their children are gifted, but tests don’t show it. Oh, well, give him the money, teach him, and maybe he’ll be able to read the boxes he shelves at Walmart. Or, better yet, he wouldn’t have to read at McDonald’s. They put pictures of the items on the register just for people like Draper.

By decaturparent

March 26, 2007 11:28 AM | Link to this

I have historically been opposed to vouchers. However, cases like this are making me change my mind. If this child’s parents had been given the voucher option, then this lawsuit probably never would have happened. Theoretically, APS would have been much more motivated to retest Jarron b/c they stood to lose a special needs child and the money that comes with that child. Suddenly additional testing would be cost effective for the school district.

As NCLB encourages the move of special needs into full inclusion, there is going to be even more need for parents to be able to pull their special needs children if they aren’t being served.

By JustMe

March 26, 2007 11:43 AM | Link to this

Mistakes happen. It is bad went a mistake happens to a child. In this case, APS made a mistake by not re-testing the child when they were supposed to per federal law. Maybe the re-test would have caught it and maybe not. However, a mistake was made and now APS will have to pay for it.

Mistakes can be made any where by any one. We are all human and have the capacity to make mistakes. However, we also have the capacity to forgive a mistake.

Does a single mistake mean that an entire system is wrong and needs to be revamped? No.

APS simply needs to ensure that they are following federal law.

By scott

March 26, 2007 11:59 AM | Link to this

More lawsuits of this nature will result due to inclusion in the classroom. Special needs students are receiving less individual attention in an inclusion classroom. On the flip side so are the regular education students because the overall pace of the class is slower because of special needs (as well as ESOL). The end result is less material is covered and the students have been exposed to a smaller amount of material or the difficulty level of the class does not push critical thinking skills.

By jim d

March 26, 2007 12:08 PM | Link to this

I find it unacceptable that taxpayers have to pick up the cost of mistakes made by “professionls”. And that my friends is a term bandied about by educators, not me.

Other “Professionals” like doctors must carry large amounts of insurance to cover their mistakes. Is that where public education is headed or will we just keep paying for the “professionals” mistakes? Where is the incentive for them to not continue to make mistakes if there are little or no personal consequences, if tax payers get saddled with the burden?

By HS Teacher Too

March 26, 2007 12:12 PM | Link to this

But Scott,

The language of IDEA (special education law) requires kids be educated in the least restrictive environment. Many parents insist that inclusion is the best way to help their children, who might have only minor needs, avoid the stigma of “special ed,” and many school systems, fearful of litigation, think of inclusion as the best means to ensuring that they meet that “least restrictive” requirement. If you ask me, it’s lose-lose.

Nonetheless, this doesn’t excuse APS from failing to test adequately. Even a perceptive classroom teacher ought to have been able to notice dyslexic tendencies — it seems this particular child was failed in many instances and many of the typical “stop-gaps” (for lack of a better way to put it) broke down.

And that’s before we talk about the kids — about whom you are 100% correct. Both sides lose there, as well.

By jim d

March 26, 2007 12:21 PM | Link to this

Bridget,

No it is not an isolated instance, yes it happens more than most people are aware. The reason more people aren’t aware of these instances is because many school systems (not unlike Gwinnett) will settle them out of court and clamp a non disclosure claus in the settlement to keep anyone from being able to talk about it.

Transparency within our public school systems would be much better served if they’d start posting the check ledgers on line. The public would soon learn how much money is going out in cases like this one. And I dare say we’d see a bit more accountability of our public school systems.

By JustMe

March 26, 2007 12:32 PM | Link to this

jim d-

Yes, all professionals and non-professionals do make mistakes. Doctors make mistakes. Lawyers make mistakes. I would bet that even you have made a mistake.

Maybe school systems should have insurance to cover costs for mistakes (similar to how hospitals and doctors carry insurance). I wonder if APS, since it is such a large school system, already carries this type of insurance.

What I would expect APS to do now, since we are all professionals here, would be to institute some procedure to ensure that this type of mistake is not repeated.

By JustMe

March 26, 2007 12:37 PM | Link to this

Jim d-

You make me laugh when you write as though you are ‘in the know’ or are some expert. You write, “No it is not an isolated instance, yes it happens more than most people are aware.” How the heck would you know either of those things? Then, you go on to state, “many school systems will settle them out of court and clamp a non disclosure claus…” Again, how the heck would you know? Where is the source for your information? Please share your data!!!

By HS Teacher Too

March 26, 2007 12:39 PM | Link to this

Jim d — not only are there many instances of settling with non-disclosure clauses, but there are also countless situations where situations don’t even get that far; parents are intimidated by the system or else don’t know enough about the testing, etc., to question whether what was done was correct and sufficient.

Unfortunately, standards differ from system to system and special education as a whole is nothing more than a muddled mess.

You raise a really good point about taxpayers footing the bills for such mistakes, but I’m not sure I see a way around that. Don’t tell me simply that teachers and administrators ought to carry malpractice insurance; what would constitute malpractice? How gross and egregious an error would be necessary for a remedy to be warranted? For example, would it be malpractice just to say that my child had a first-year teacher and consequently didn’t do as well on her math SAT as she might have done with a more seasoned teacher? I foresee a slippery slope, and with that, I could see litigiation costs skyrocketing if we took this approach.

By HS Teacher Too

March 26, 2007 12:43 PM | Link to this

note to JustMe and others, because I agree with you about backing up claims —

My “many instances” claim is based on what jim d says; but my “countless situations” example is from experience of being in the schools, talking with parents, and being a part of many, many, many IEP meetings and other special-education staffings.

By jim d

March 26, 2007 12:50 PM | Link to this

Just me,

So glad I could bring a smile to your face this fine day.However, I am not at liberty to reveal my sources so I guess you can either choose to believe or to ignore, It matters not to me.

HAGD,

By jim d

March 26, 2007 12:58 PM | Link to this

HSII,

I agree that the costs of insurance would be astronomical and drive up the number of law suits.

My solution for transparencey might even cost us in that School administrators would likely be seeking more than one opinon before slapping a label on a kid.

The bottom line is that these mistakes may cost a child a lot more than a couple hundred thousand dollars over their lifetime. I ask you, Should those that make a mistake of that nature not be held accontable?

By teacher

March 26, 2007 1:43 PM | Link to this

Some of my best students in the regular class room have been special needs students. They try hard and except the amount they can understand and we both end up learning a lot. The problem is the special needs students that come into the class acting silly and disruptive. I do not know how they ever came up with the BD classification. I am sure there is a method involved but in my many years experience in a school with a large percentage of special needs BD is basically students that no one has ever been able to get to behave(elem/middle/high/at home). I am sure there is a reason (even medical) but that does not help out the other students and teachers in the class with them. These students (along with a few other regular ed students) should have special classes if nothing else to keep them from causing problems with the other students. If the problem studetns were out of the class room (including special need problem students) then the other special needs students along with all the others could get what they need. Also, in a lot of schools (highschool mostly) once the special needs students get in the regular class room (unless team taught) hardly ever if never get any help within that class room even though they have specialist with aids to help they never show up. They just fill out charts etc. and are never in the class room to help the student or teacher. I hope it changes some day but for now inclusion is just bumming off the special needs students on the regular class room teacher. Does that not sound familiar.

By V for Vendetta

March 26, 2007 1:52 PM | Link to this

While this may happen more than some people realize, I feel that something on this scale is a fairly isolated incident. I have friends that teach in SpEd, and while they are just as prone to making mistakes as the rest of us, they are usually very careful about their jobs (LOADS of paperwork that has to be filled out to the letter, all sorts of tests, IEPs, SSTs, blah blah blah).

While I lament the fact that this kid was placed below where he should have been, I also wonder just how smart he is. There is a pretty big leap between dyslexia and being mentally handicapped. Either the evaluators were completely incompetent, or the kid really isn’t all that bright.

Not sure which it is, but in the end I suppose it doesn’t matter. A mistake has been made. At over $34k, I wonder what private school they are sending him to. Must be a nice one.

By luvs2teach

March 26, 2007 1:53 PM | Link to this

jim d - based on my experience with SPED in my county, neither teachers (“professionals”) nor administrators had much to do with the “labeling” (or mislabeling, as the case may be) of students. Even the story attributes it to the “school psychologists.”

Special Education is a mess, not just here, but in many places - it’s too political and there is too much money tied up in it. Parents don’t want their kids labelled, systems don’t want to spend the money, “least restrictive enivironment” isn’t one size fits all - it’s a MESS! And it’s the kids who lose out - everytime.

By jim d

March 26, 2007 2:09 PM | Link to this

L2T,

Are you saying that “school psychologists” aren’t qualified representaives of the school system?

Am I mistaken or the following not required members of an IEP Team?

Parents (includes guardians, surrogate parents).

At least one regular education teacher if the student is, or may be, participating in the general education environment.

At least one special education teacher or, if appropriate, a special education provider.

A representative of the local school system who: is qualified to provide or supervise the provision of specially designed instruction to meet the needs of students with disabilities. has knowledge of the general curriculum. has knowledge of the resources of the local school system.

An individual who can interpret the instructional implications of evaluation results.

Other individuals who have knowledge or special expertise regarding the student, including related services personnel, at the discretion of the parent or the local school system/state-operated program (LSS/SOP).

Not for nothing here, but it would appear the schools intrests are pretty well served with a team made up with these folks. Appears more than one mistake would have to be made. Looks more like about 3

By jim d

March 26, 2007 2:11 PM | Link to this

V,

Isolated? Hmm.

Here’s one site you may find of interest.

http://www.wrightslaw.com/info/damag.index.htm#caselaw

By catlady

March 26, 2007 2:18 PM | Link to this

I could name you at least a dozen cases where mis or non diagnosis has taken place, and parents have cause to sue. Mostly, IME, it is kids whose problems have been unidentified by half-a*******ed testing done by incompetent psychometrists. As long as there is a severe disincentive to identify, there will be kids overlooked. In addition, the new implementation of IDEA causes kids with problems to be ignored and glossed over. If a child is working three years below grade level but the work has been modified (changed) to the point that the child can do it (5 first grade spelling words instead of 20 fifth grade words, for example) and be called successful and not needing testing for special help. This is only going to get a LOT worse. And the inclusion model will mean that special ed and regular ed kids will NOT be getting their needs met.

On the other hand, I wish teachers could bring lawsuits against parents not doing their jobs….

By jim d

March 26, 2007 2:35 PM | Link to this

Cat,

I’m not too sure that the reauthorization of Idea will gloss over the facts. There is an interesting article in the American school board journal this month that would indicate IDEA’s focus has simply shifted from access to accountability.

You may read it here.

http://www.asbj.com/current/coverstory2.html

By catlady

March 26, 2007 2:37 PM | Link to this

jim d, first you have to get to the POINt of having an IEP meeting—you have to have testing and a “diagnosis”. It is virtually impossible to get to the point of testing now, and is going to be impossible, except for extreme cases like a severe retardation, blindness, etc next year. Our system has been doing a halfway job of testing for years. About the only kids we’ve added to special ed are those who are tested privately or those who move into the system with an IEP already in place. It is not the misdiagnosis but the non diagnosis that I see, and the teachers are HELPLESS TO DO ANYTHING ABOUT IT. After more than 3 decades of teaching, I recognize special needs, but I am overruled by someone who has never taught a day and spends a couple of hours at best with the kid. The only thing that would help, IMHO, is some lawsuits.

I also hope some regular ed parents will start suing the stew out of folks for the non education their kids will get as more and more inclusion takes place.

By jim d

March 26, 2007 2:48 PM | Link to this

Cat,

It’s not the parents that will end up suing. In my opinon it’ll have to be the teachers. Y’ll are in the classroom every day and DO recognize when a child should have an IEP, if you bring this to the administrations attention and it is dismissed, the student fails and then you are summarily penalized for non performance of your job (test scores), I’d guess the teacher would have a legitimate law suit. It will be interesting, to say the least, to watch how this unfolds over the next decade or so.

By jim d

March 26, 2007 2:53 PM | Link to this

BTW Cat,

Unfortunately you can’t sue the parents. However,teachers have been known to sue their schools over students behavior. I believe you’ll find a few have even won.

By catlady

March 26, 2007 3:18 PM | Link to this

Here is the thing about “accountability” and testing for special ed: no one impartial goes back and re-evaluates (checks the diagnosis) of a child who “fails to qualify” —validates the work the school psych has done—until after a certain number of years have passed, and then only if a later teacher presses the matter. By that time, the child, who was significantly behind the first time they were tested, is now hopelessly unfunctional and a behavior problem to boot. Yet it is dismissed as “poor teaching” for all those years this poor kid’s non- diagnosed special needs have been ignored. Give me this little bit: I can recognize a child who has handicapping problems. I am not trying to palm this kid off on someone—it behooves me as a taxpayer to see that children with learning problems have their needs addressed by someone with a specialty in meeting their needs. I need them to be able to work to support themselves and pay into Social Security. Instead, teachers are met with increasing demands to “justify” their referrals, prove the disablilty (before testing will take place), and change the curriculum so that it is not on the same planet with that expected of children of that grade level only to have the most rudimentary testing and workup happen, and be told that the child failed to qualify and given a sadly humerous list of “adaptations” to make in the classroom. Sorry about the run-on sentence. The new rules, as presented to us, from IDEA or SOMEWHERE, put most of the special needs kids back in the regular classroom with 28 other kids who ALSO deserve a “free and appropriate education in the least restrictive environment”, which to me means an environment where they can be taught at the rate a typical student in that grade should learn, with minimal disruptions. All parents should demand that—it isn’t just a right for special ed students!

By luvs2teach

March 26, 2007 3:18 PM | Link to this

*”L2T,

Are you saying that “school psychologists” aren’t qualified representaives of the school system?”*

No, but that’s not what you said either - first you said something about teachers being professionals, and then school admninistrators labeling kids wrong.

Yes, you are correct about those people being in an IEP, however, most of those are served by people wearing more than one hat (example - the SPED teacher may also be the system rep). School psychologists, and this is significantly stressed to us, are the only ones qualified to administer and interpret tests. Teachers, whether regular ed or SPED, are not allowed to do that. Administrators are rarely, if ever, in an IEP. Follow-up IEPs may have as few as 3 people involved.

I’m the first to admit the system is a mess, but in the case, you can’t blame the teachers or the administrators.

By luvs2teach

March 26, 2007 3:21 PM | Link to this

Another question for the crowd - who notices that some (some - not all) SPED students use their label as an excuse not to try?

Don’t get me wrong - I have a team taught class, with a wonderful inclusion teacher, and we have some great kids - my highest class average belongs to one of those kids. But I have others that sit there, having a pity party for themselves - I can’t do it so I won’t even try.

By JustMe

March 26, 2007 3:21 PM | Link to this

jim d-

Let me get this straight…. You demand ‘transparancy’ when it comes to the goings on in school systems, but you demand ‘secrecy’ when it comes to your ‘sources’ for outrageous data conclusions? Again, you do make me laugh!

By catlady

March 26, 2007 3:23 PM | Link to this

I am secretly convinced that school psychs get paid by the number of kids they avoid testing or that fail to qualify (I am barely kidding on this).

By HS Teacher Too

March 26, 2007 3:23 PM | Link to this

Jim d —

Catlady is correct in her post of 2:37. What you have to realize is that teachers have VERY LITTLE, if any, clout in terms of these meetings. You listed people who can/are involved in staffings in an earlier post, but what you don’t realize is that even teachers who aren’t present, or who disagree with the result of the meeting are overruled and essentially powerless to change it!

I have sat in my share of staffing and IEP meetings where, quite frankly, my classroom experience with the child counted NOT A LICK. Of course, I have also sat in on many meetings where it did. The point is that — and I will go out on a limb here and speak for teachers other than myself — even the squeakiest wheel of a teacher, who might really fight for kids they see need services, is probably NOT going to file lawsuits on the kid’s behalf. Quite frankly, that burden falls on the parents, and in situations where parents don’t/won’t go to that extreme, all we can do as teachers is squeak.

By HS Teacher Too

March 26, 2007 3:37 PM | Link to this

luvs —

You’re dead-on about that particular group of kids … we’ve all got ‘em.

What about the other extreme — they kids who arguably have NO disability, but milk the system to the hilt?! I’m talking kids in college prep (or higher) classes, who take EVERY opportunity to get extra copies of notes, extra time on assignments, and often at the expense of fairness or reason…

You asked, I whined. But MOST of the kids are great.

By catlady

March 26, 2007 3:37 PM | Link to this

L2T—my squeaking is getting weaker and weaker. It’s just that I get mad as stew about folks not doing their job (or what I think their job is :) ) I have sat in a special ed placement meeting where the school psych INTERPRETED THE TEST RESULTS BACKWARDS I asked him to step into the hall to review the results, he saw the error, and went in to “correct” it by softening what the results said to the point of meaninglessness. Bottom line: The denigration of teachers’ expertise astounds and amazes me, so if it takes a few lawsuits to add squeak to the wheel, so be it. Unfortunately, many of the special ed kids I see have parents who were candidates for special ed 18 years earlier, and are dazzled by the footwork displayed for them, if they show up at all. I realize that in some cases this is not true—those of you in Cobb County don’t get all mad—but many of the children’s parents that I deal with are not that involved intimately in their children’s education. If I don’t try to advocate for the child, who?

By luvs2teach

March 26, 2007 3:53 PM | Link to this

Catlady - you are so right - the apple doesn’t fall far from the tree, as the adage goes, for some of our folks. Sad. I’m sure SET has a theory to explain that, too :-)

High School Teacher Too - as a middle school teacher, I don’t see that end of it as much, but I remember my daughter complaining about a student like that in one of her Honors classes. Her words? “He’s not special - just lazy!”

By JustMe

March 26, 2007 4:04 PM | Link to this

Wow - I read this in a post here and it got me to thinking….

Won’t it be simply great if a teacher could sue the parent? Often, students are lazy and do nothing and the parent allows it. The student fails and then the teacher is blamed for not teaching.

Good teachers will regularly contact parents, trying everything possible to get the student to do the work. But then the parents drop the ball on their end. I even have had parents say something like, “We have tried everything, but all he wants to do is watch TV and play on the computer.” Can you imagine?

Teachers should be able to sue parents because this does make us look bad even though we are doing our job. Would this be a defamation of character lawsuit?

By HS Teacher Too

March 26, 2007 4:09 PM | Link to this

JustMe,

Oh, yes, I can imagine!

You will get a kick out of this — I once had a parent tell me that she was really sorry that her son couldn’t stay awake in first period Algebra 2, but he just wouldn’t go to bed before 1 or 2am, and she was pretty sure that he was just nocturnal, and she surely couldn’t change his body clock.

What the heck does one say to that?!

By catlady

March 26, 2007 4:37 PM | Link to this

HS2—I’d tell her I hope he enjoys the overnight shift at McDonald’s!

The number of parents, even of young children, who have told me that they can’t MAKE him (take a bath, wear her hair out of her eyes, eat anyting but junk, wear appropriate clothes, stay away from video games, stay off the phone, ride the school bus, you name it) is amazing. Then we have parents like one last month who refused to sign their irresponsible child’s agenda each night. Her statement—it is your job to see he does the work, not mine. I am not putting my name on anything—explains some of the problem.

I had a special ed (BD) kid today during testing who told me flat out he was trying to figure out how much he could do before I got mad, and how bad it would be if i did get mad! This is a third grader, gaming the system. He was planning his disruption of the testing!

I have been told I will be doing ESOL as inclusion next year, working with at least 6 different teachers at different grade levels, but will have no dedicated planning time with any of them. Huh? Until now, my kids, pulled out and worked with in small groups, pass the CRCT, but I have a feeling that is about to change. You can’t kill flies with a machine gun, but that is the way we are headed, IMHO. By the way, the schools that do inclusion for ESOL in our county have not made AYP, but ours has every year. I have a hard time understanding how this will work in a way for everyone, including non-ESOL, but maybe it will. Anyone who wants to share their experience, please let me know. I am concerned about the three ringed circus atmosphere of a teacher with regular kids (variety of levels) working with ESOL and Sp Ed and 2 additional teachers. Of course, I think the sp ed and esol teachers will not be helping for long—their jobs will be absorbed. I am so glad my children are out of school, and I don’t expect that my grandchildren, if any, will attend public school unless there is a massive rethinking on this.

By Dondon

March 26, 2007 4:50 PM | Link to this

This kid must have had a low IQ. Dyslexics generally have average to high IQ’s.

By Dondon

March 26, 2007 4:50 PM | Link to this

This kid must have had a low IQ. Dyslexics generally have average to high IQ’s.

By worriedmom

March 26, 2007 4:50 PM | Link to this

So, all of this is making me crazy. Most of you seem like you are teachers. Riddle me this. I have two “gifted ided” kids. I have noticed that they spend an inordinate amount of time tutoring the special ed kids in the class and on occasion I have had to meet with their teachers about it (friendly meetings not confrontational at all). They get maybe an hour of pullout a week at best and I have a feeling that that hour will soon go by the wayside.

OK, so we can’t afford private school and I have to work so I can’t home school. So, are my kids just screwed? Is there anything that I can do to make sure that they get “an appropriate education”? Y’all are really making me paranoid with all of these posts. It makes me wish that I had never had children at all because I am so worried about their future and the ridiculous world that they will inherit!

I read this blog on occasion but have never posted so forgive me if I have committed a faux pas!

By catlady

March 26, 2007 5:28 PM | Link to this

Worried mom—I guess it depends on your system. My son was served by a system not in Georgia (after 14 months of him tutoring others waiting to get tested) where the gifted program was wonderful—service twice a week for a couple of hours and one day a week on a college campus for special programs. The rest of the time (in Georgia), the other experiences for him and my daughters were pretty dreadful. The teachers were okay, but the resources and scheduling were waayy lacking. Others on this blog can better relate if they have had positive experiences. High school was okay because they could take advanced classes if they could convince the counselor to let them sign up. I did everything I knew to enrich their intellectual (and moral, social, and physical) life that was free or very low cost—I was in grad school much of the time. Times are changing.

If I had a gifted child (heck, if I had a child at home) I would think long and hard and explore aggressively aid to get them into a good private school or move to an area with a well-respected academic program or find a way for one of us to stay home. There still are schools where the expectations are uniformly high. I would not want what is happening now in many schools to happen to my children. No matter how devoted the teachers, they don’t set policy. And they don’t control the degree of teaching to the lowest denominator that we see so much of. Also remember, attendance zones can be changed at will.

I don’t think being in the gifted program will “protect” your child, and many folks expect that the benefits of gifted designation will be absorbed into regular classrooms with their generally dull, bottom of the bucket level of instruction, as well as increased level of behaviorial disturbances, within the next couple of years as regular, special ed, esol, and gifted kids are “served” by inclusion.

You should talk to everyone you can about this. I think the gifted kids will be the last to be re-absorbed, given their parents’ clout, but it is just a short matter of time. Stay on top of the changes at your local school level, and be aware of the changes being implemented on the federal and state levels.

By Janine

March 26, 2007 5:50 PM | Link to this

worriedmom…Your children will probably be fine, only because gifted children with concerned parents like you usually find a way to reach their potential no matter what the circumstances. It is unfortunate that they are missing the advantages of being in classes that are tracked for upper level students, but we all know that isn’t going to happen in public schools any time soon. I am absolutely not ok with their tutoring the other students and you should keep complaining…but to the superintendent and school board and get your friends together and go to board meetings and demand to be heard. There are lots of parents out there that feel the same way you do.

By Janine

March 26, 2007 5:55 PM | Link to this

Catlady gives good advice….* if I had a gifted child…. I would think long and hard and explore aggressively aid to get them into a good private school or move to an area with a well-respected academic program or find a way for one of us to stay home!* THat exploration requires lots of time,but it would be well spent… and moving may not be an option for you, but it’s really something to think about.

By Janine

March 26, 2007 5:58 PM | Link to this

Oh..and worriedmom…come back and post again. We need more good parents’ perspectives .

By Janine

March 26, 2007 6:07 PM | Link to this

Bridget…I also have some questions about this , shall we call it, situation. It was so emphasized in the articles that I read that, speaking of the parents, they knew he wasn’t mentally disabled I get the part about having to fight to get him retested by the school system…but why didn’t they just have him tested privately? [ As far as I know,all systems accept testing from private sources.] THey obviously are not those parents that someone above mentioned are intimidated! I just have to put myself in that situation and know that I…and I’ll wager all of you, ..would have done that right away.

By catlady

March 26, 2007 6:42 PM | Link to this

Many parents are having to turn to private testing in order to even get a chance at services for their children. It is expensive but well worth it, IMHO. It is a shame, but it seems like some of the the school systems are determined to short circuit the testing process and discourage as many as possible with paperwork, delays, lengthy waits, shoddy testing, etc. I have a long list of excuses our system/psych have used to avoid testing students who are so far behind (or ahead, or LD, or BD). I did it for my son at great financial sacrifice after his paperwork sat around for a full year, and I also had 3 other bad, balky experiences with testing in my own personal family. And I am fairly savy about how it should work! Right now, friends with a child who seems to have Ausberger’s are being told that the school system (Jim d’s) will not test him because his symptoms have not severely impacted (yet) his work. Of course, no one can say how well he WOULD be doing if he had appropriate help! So it may be severely impacting his work, but since he is not scraping the bottom they don’t think they have a need to test.

By Ernest

March 26, 2007 7:06 PM | Link to this

I’m also confused by the statement regarding the parents knowing he was not “mentally disabled.” Did the parents know or were they advised they could have private testing done? If not, that should be a part of the procedure going forward.

To the question, I think this is an extreme example. Mistakes are made. You correct them as quickly as possible then put in the checks and balances so they don’t happen again. Many of the CYA policies in place now were implemented because of ‘unique’ situations. For those not familiar with that TLA (three letter abbreviation), the first two words are ‘Cover Your’. I think you can figure the last word… :)

By jim d

March 27, 2007 8:07 AM | Link to this

Oh dear, just me!

re: Government transparency. I guess the difference is that I’m not spending tax dollars and what I know from whom isn’t a matter of public record, but then I guess those simple premises would elude you.

As for your continued insistence that this was an isolated incident I would refer you ONCE AGAIN, to an earlier post in this thread (yesterday), to the Wrightslaw web site, where several other cases have made it to the courts are listed.

While I’m somewhat confident that you truly are a good person, let me just say that your reluctance or inability to follow provided links coupled with what is perceived as a lack of logic on your part makes me hope that you are not one of my child’s teachers.————————- Actually it makes me hope you don’t teach anywhere in Gwinnett County.

By jim d

March 27, 2007 8:18 AM | Link to this

Ernest,

I’m somewhat surprised. “Mistakes are made. You correct them as quickly as possible then put in the checks and balances so they don’t happen again.”

This was someones life. We’re not talking about just a wrong answer on a test that made a difference of from an “A” to a “B”. This was a serious mistake

Since you generally advocate for students as well as teachers, I’m curious as what you feel is the difference here? Has a parent advocated for their child in one of your wifes classes that may have reflected poorly upon her? and does that make these parents bad? Should they have just said—Oh Well—and moved on? See, I don’t think so.

By jim d

March 27, 2007 8:32 AM | Link to this

Cat,

“Many parents are having to turn to private testing in order to even get a chance at services for their children”

I find this amazing!! Maybe even dumbfounding!

If some wannabe shrink, working for the school told me my child either did need or was suspected of needing additional help. I’d be knocking down doors for a second opinon. Even if I suspected there were issues and that suspicion were confirmed by the school, I’d be searching for a second opinon. Hell, you wouldn’t go into surgery without a second opinon would you? Why do so many parents just take the first opinon as gospel when this (not unkike surgery) could affect the rest of the childs life?

By Ernest

March 27, 2007 8:35 AM | Link to this

JimD:

My point was mistakes are made, with some being worse than others. With my ‘rose colored glasses on’, the young man still has his health and a remedy that he could perhaps recover from. Everyone will acknowledge that for some mistakes, you cannot recover from. Unfortunately, there are no ‘do-overs’ with some of the decisions that are made.

You are correct in that some on my wife’s student parents have advocated for ‘remedies’ contrary to what she and the IEP team recommended. Thank goodness they had their documentation to back up what they said but this is not to say they could not make a mistake despite their best efforts. All anyone can do is their best.

In this case the parents pursued what they felt was an unjust recommendation and won. This was a serious mistake. Other than the remedy provided, nothing can undo what was done in the past. Though it may not be a popular answer, all parties involved must move on, being mindful of the ‘lessons learned’. What else could be done?

By jim d

March 27, 2007 8:38 AM | Link to this

Worried mom,

Don’t sweat the small stuff and hang with us. What you learn here from both educators and parents can and will save you grief down the road. Being informed does have its rewards.

By Jim in Marietta

March 27, 2007 8:48 AM | Link to this

Worriedmom,

Be very worried. The system that can’t teach “average” kids is the same system with its so called “experts” who are labeling your kids with a label that they will have to carry the rest of their lives psychologically if not literally. They tried to label my kid, but we pulled him out of the school system, and decided to get by with one income while homeschooling. Find a way. You won’t regret it. Today he is on the Dean’s list in Kennesaw. Otherwise God only knows what the nuts in the school system would have turned him into.

Getting back to the original question posted by Bridget; “Is this an extreme example of a student slipping through the proverbial cracks or does this happen more often than educators care to admit?” The answer is obvious. The public school system is self serving and will do anything it can to promote itself. Kids aren’t slipping through the cracks. They are falling head long through an open door into a bottomless pit.

By jim d

March 27, 2007 8:54 AM | Link to this

Ernest,

The point I’m driving at is that it took his parents a minimum of 5 years to resolve the issue just because of stubborness on the schools part to even consider they’d erred.

For those that may have missed the math portion of the article he was misdiagnosed in the 4th grade—(10 yr old +/-?) They didn’t realize Draper actually had dyslexia until he reached high school.( 5 years later? would have made him 15+/-) He is now 20

By jim d

March 27, 2007 8:57 AM | Link to this

Naw jim in Marietta ,

They’re actually being pushed thru that door in some instances.

By jim d

March 27, 2007 9:04 AM | Link to this

Bridget,

After reading some of the posts here I’ve concluded What Happens When A Student Falls Through The Cracks is thay make a sound that sounds kinda like SPLAT and no one within the educational community hears it, or cares if they do.

By teach overseas

March 27, 2007 9:07 AM | Link to this

Worried Mom-

Lots of people in private schools are not paying the sticker price. (It’s just not advertised) Shop all around and apply to the schools and then apply for the finacial aid. The smaller, lesser well known schools will be happy for a “gifted child” who will bump up testing scores and the bigger schools will also love to have a highly intelligent student of lesser means to help out.

Of course, your child really needs to be gifted (not just in your eyes) and would need excellent letters of recommendation- not school is going to give money to a behavior problem kid.

If private school is really not the answer for you- it’s still nothing to worry about. Your child does not get education solely from the school- read great books together, do science projects in the kitchen and garden, travel together. Get a library card and the world of education is at your doorstep. All of this is far superior to any “gifted program” at school. And you will be creating loving, lifelong memories at the same time.

By Jim in Marietta

March 27, 2007 9:08 AM | Link to this

Public school at it’s finest in the great state of Washington.

seattletimes.nwsource.com/html/localnews/2003636243_exams26m.html

Let’s do away with the curriculum so people can pass the tests. Any of the “lawmakers” who vote for this should be jailed.

By Jim in Marietta

March 27, 2007 9:12 AM | Link to this

jim d,

Agreed. Because parents don’t know any better…or don’t care.

By HS Teacher Too

March 27, 2007 9:14 AM | Link to this

jimd —

“If some wannabe shrink, working for the school told me my child either did need or was suspected of needing additional help. I’d be knocking down doors for a second opinon. … Why do so many parents just take the first opinon as gospel when this (not unkike surgery) could affect the rest of the childs life?”

Quick answer? Because many of those parents WANT the services for their kids. They want the extra time, etc., and the “perks” of special education that they perceive will actually give their kids an advantage. And that’s not entirely meant as a criticism; many parents see their kids struggling and if the school system can identify and label a “problem,” then there is suddenly a REASON for their child’s struggles and a justification — a reassurance, if you will, that their kids aren’t just dumb, but there is a bigger issue involved. And for many parents, that in and of itself is a relief.

Okay, maybe not such a quick answer!

By HS Teacher Too

March 27, 2007 9:19 AM | Link to this

Jim in Marietta,

I don’t understand where you are saying the folks in Washington intend to get rid of the curriculum. Seems to me they just want to trade tests that are analogous to the GHSGT for end-of-course tests. (Perhaps a better question for WA to ask is what is wrong with the present tests that the pass rates are so low.)

Of course, I read that pretty quickly. Did I miss something?

By Jim in Marietta

March 27, 2007 10:06 AM | Link to this

HS Teacher Too,

The following excerpt from the article hints at what will happen:

“But the proposed remedy is generating a lot of concern because it could mean big changes in what students are expected to learn, and how they’re tested.”

If they change the tests, they will change the curriculum to fit the tests. I think it’s reasonable to assume that if they go through the trouble to do this, they will not be making the curriculum more challenging if their goal is to increase test scores. The result will be dumbing down the curriculum.

By HS Teacher Too

March 27, 2007 10:14 AM | Link to this

Jim in Marietta,

I swa that quote, but I think I skipped right past it. I’m not sure I’m convinced that switching to an end-of-course test format will necessarily result in dumbing down the curriculum; it might just make the testing of concepts more timely for the kids. Just playing devil’s advocate — my overall sense of how states play the NCLB game is that if they lower the passing score/dumb down the tests or curriculum, they increase the passing rate … so in that sense I don’t disagree with you at all. I guess I’m just holding out (a naive) hope that changing testing mechanisms alone won’t be for that single purpose.

By Concerned Teacher

March 27, 2007 12:13 PM | Link to this

“By Janis Ian

March 26, 2007 11:27 AM | Link to this

It happens much more than you’d think mainly because the vast majority of adults who teach or are in charge of special education are typically brain dead types who couldn’t teach their way out of a greasy KFC box.”

I am a special education teacher and I resent this remark. Most special education teachers are more than capable of teaching students with special needs. Not only are we qualified to teach students with disabilities we are also qualified to teach the general education population as well. We have more certification tests to take than any other field in order to be highly qualified. We have more paperwork to complete than other teachers. We have to teach all students no matter what level they are on academically or no matter how challenging their behaviors are in the classroom. I am sure I teach with the best of them. Please think before you make anymore general statements about Special education teachers

By Bubba

March 27, 2007 12:49 PM | Link to this

I am a school psychologist. This is a very interesting blog but a couple of facts need to be thrown in here - current federal and state regulations dictate who qualifies for special ed - it is not currently designed for any child who needs help in class - it is currently diagnosis-driven and only for chldren with relatively severe and relatively narrowly delineated handicaps - the biggest problem I see right now in education is that we are “raising the bar” and the low average and below average kids just don’t have the intellectual horsepower to meet the standards - teachers refer these kids for testing but if they are slow learners, they don’t qualify for special education.

By Bubba

March 27, 2007 1:09 PM | Link to this

another component that we need more information from on this case from APS, is that the curriculum, especially in elementary school, is driven by the kid’s needs, not their label - the article made it sound like the child hadn’t learned to read because he was labeled intellectually impaired rather than LD but in my system, and others I’ve worked in, they all get specialized individualized reading instruction no matter what the handicap - you could have a reading class with LD, BD, MI, and ADD kids all together. Except for the hearing impaired kids, almost all the kids need, and receive, phonics and basic reading instruction no matter what their handicap. Even if he was mistakenly labeled intellectually disabled instead of learning disabled (although I think that there is more that story than we are hearing) it would not necessarily have made any difference to his reading instruction in elementary school.

By jim d

March 27, 2007 1:51 PM | Link to this

Yo bubba,

“almost all the kids need, and receive, phonics and basic reading instruction no matter what their handicap.”

Was it that way 10 years ago?

By Lee

March 27, 2007 7:33 PM | Link to this

Well, they finally did it. The politicians and educrates have made this special ed stuff so convoluted and full of red tape that even the bureaucratic school administrators don’t have a clue on how run it.

The biggest story in all this is why do we place special ed students in a regular classroom when they are “six grade levels behind his peers?”

The sad part is, the schools pass students along with such regularity that no one noticed.

Why would anyone trust anything that the schools told them nowadays?

By hs sped

March 29, 2007 12:44 PM | Link to this

To qualify for MID one must have an IQ below 70 and have very low adaptive skills. If the kid isn’at (and wasn’t) retarded, why were his adapative skills so low? Also, are his parents going to have to pay back all of the SSI money?