May 2023 - Special Educator e-Journal

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Special Education Legal Alert

By Perry A. Zirkel

© April 2023

This month’s update identifies a pair of recent court decisions that illustrate differing adjudicative systems and approaches for FAPE and related issues.  For related publications and earlier monthly updates, see perryzirkel.com.

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    Complete Guide to PANS and PANDAS
    (Also available in Spanish: Guía completa sobre el PANS y PANDAS)
    Step-by-step information from diagnosis to treatment for kids with sudden onset OCD and other confusing symptoms.

    What Does OCD Look Like in the Classroom?
    (Also available in Spanish: Cómo luce el TOC en el salón de clases)
    Signs that a child may be struggling with OCD, even if they are hiding their anxiety.

    Videos | Using a Telenovela to Explain the Special Education Process
    (Also available in Spanish: Telenovela de educación especial)How do you demystify the special education process for parents, particularly parents for whom English is not their first language? Here’s how Arlington Public Schools in Virginia tackled the challenge. The Grandma’s Soup video series (La Sopa de la Abuela) is designed to support the engagement of families in the special education process, share information, encourage advocacy skills, and foster collaborative home-school partnerships that positively impact student success. There are 5 episodes in the series, beginning with “What’s Going On with My Child?” and ending with “What If We Disagree?”

    Family Toolkit: Pediatric-to-Adult Health Care Transition
    (Also available in Spanish: Guía para la familia)
    This 25-page toolkit from GotTransition has a set of resources for parents to use as they work with their youth during the transition from pediatric to adult health care. This includes sections such as Questions to Ask Your Doctor; Changing Roles; a Turning 18 tip sheet; a Transition Readiness Assessment; and a Health Care Transition Quiz for youth to take to see how ready they are to transition to adult care.

    And many more!

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    The Latest Supreme Court “Special Education” Decision: Perez v. Sturgis Public Schools

    Perry A. Zirkel

    © 2023

    On average, the Supreme Court only decides one case specific to K­–12 students every four years. About a third of these cases focus on the practice of litigation rather than education, such as burden of proof (Schaffer – 2005), expert witness fees (Murphy – 2006), and pro se parents (Winkelman – 2007).

    The latest case, Perez v. Sturgis Public Schools (March 21, 2023) is only understood in tandem with a previous decision focused on specialized litigation rather than special education, Fry v. Napoleon Community Schools (2017).  Both concern the IDEA issue of “exhaustion,” which refers to the general requirement to complete the administrative adjudication stage before proceeding to court.  More specifically, a 1986 amendment to the IDEA allows for bringing non-IDEA federal claims, such as those under Section 504 or the ADA, on behalf of an IDEA-covered student but only after exhausting the due process hearing (and in the eight “two-tiered” states, the review officer) stage before going to court.  The courts have gradually evolved limited exceptions to this exhaustion requirement.

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    Family-Centered Approach to Teaching Students with Disabilities from Culturally-Linguistically Diverse Backgrounds Who Rely on Augmentative and Alternative to Communicate

     

    By Mariateresa H. Muñoz

    Florida International University

    Authors’ Note

    Mariateresa H. Muñoz, Clinical Assistant Professor,  https://orcid.org/0000-0002-6421-1291

    We have no conflicts of interest to disclose.Correspondence concerning this article should be addressed to Mariateresa H. Muñoz, Florida International University, 11200 S.W. 8th St., AHC3-440, Miami, FL. 33199, United States. Email: munozt@fiu.edu

    Abstract

    The prevalence of students with disabilities from culturally-linguistically diverse backgrounds is rising in the United States. Many of these children rely on augmentative and alternative communication to communicate (AAC) to meet their daily and academic activities. One of the most significant challenges teachers face is providing culturally and linguistically relevant instruction using AAC. For these students to access their academic learning, a family-centered, interprofessional practice approach to teaching and learning should be implemented. A literature review was conducted to identify current practices using a family-centered, interprofessional practice approach when working with a child with disabilities using AAC to communicate. Peer-reviewed articles published between 2021 and 2023 were retrieved using keywords. Six of the 20 articles reviewed met the inclusion criteria. Findings identified facilitators and barriers to academic achievement using AAC with some cultural groups in the United States. 

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    Immigrant Student Education in the U.S.

    By Shivanna N Birbal

    Introduction        

    Immigrant students with disabilities face unique challenges in the United States. These challenges are compounded by the fact that they may have limited English proficiency and limited access to their cultural practices, making it difficult for them to communicate their needs and understand their rights. Immigrant students may feel alienated culturally and socially, even if they experience academic success (Ladson-Billings, 1995). This literature review aims to explore the social-emotional needs and cultural practices of immigrant students with disabilities.

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    Special Education Online: A Review of Literature

    By Candace Joshnick

    Abstract

    The literature review examines some common themes emerging in online education’s evolution and how special education is impacted. It evaluates the perspectives of parents, students, educators, administrators, policymakers, and stakeholders' views on special education in digital classrooms. The main themes explored are positive experiences and barriers different stakeholders experience with online special education. Exploring these themes can inform efforts to improve the quality of education for exceptional learners and help address any barriers preventing them from receiving Free and Appropriate Public Education online.

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    Acknowledgements

    Portions of this or previous month’s NASET’s Special Educator e-Journal were excerpted from:

    • Center for Parent Information and Resources
    • Committee on Education and the Workforce
    • FirstGov.gov-The Official U.S. Government Web Portal
    • Journal of the American Academy of Special Education Professionals (JAASEP)
    • National Collaborative on Workforce and Disability for Youth
    • National Institute of Health
    • National Organization on Disability
    • Substance Abuse and Mental Health Services Administration
    • U.S. Department of Education
    • U.S. Department of Education-The Achiever
    • U.S. Department of Education-The Education Innovator
    • U.S. Department of Health and Human Services
    • U.S. Department of Labor
    • U.S. Food and Drug Administration
    • U.S. Office of Special Education

      The National Association of Special Education Teachers (NASET) thanks all of the above for the information provided for this or prior editions of the Special Educator e-Journal

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