School Law and Reform

The 2010 UPDATED IEP and 504 TEAM book is here!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Wed, 10 Mar 2010 16:58:00 +0000

Dear friends,

HOT OFF THE PRESS!

The updated 2010 book, IEP and Section 504 Team Meetings... and the Law is now available. For information, please visit my website, (SchoolLawPro) or email me at miriam@schoollawpro.com

May your TEAM meetings ROCK!

New NAEP accommodation and exclusion policy!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Wed, 10 Mar 2010 14:41:00 +0000

At last! Here is is. NAEP's new policy.

(NAEP's NEW accommodation and exclusion policy for students with disabilities and English language learners)

Let's hope it is implemented consistently and leads to valid results on the National Assessment of Educational Progress, the 'nation's report card.'

As a member of the expert panel for students with disabilities, I am gratified that the work is nearing completion. This new policy will lead to consistent results and is consistent with students' Individualized Education Programs.

Too many students in special education in Pittsburgh

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Sun, 07 Mar 2010 17:35:00 +0000

(Too many students labeled). This article summarizes a recent analysis of the Pittsburgh Public Schools special education programs.

Even as progress and promise in its special education programming are highlighted and acknowledged, the report leaves us with troubling questions about labeling students. The Council of the Great City Schools report can be found at (Great City Schools report on Pittsburgh special education)

The numbers are troubling...
18.2% of all students are labeled for special education.
16.9% of special ed students are labeled as 'emotionally disturbed.'
Of these,black students are three times as likely to be labeled than white students. Recall that old story (2005) in the New York Times, "Special Education Seen as a Trap for Many Minority Students."

According to the report, too many teachers and staff members are still using special education as an escape hatch when students have learning or behavior issues.

Whither true reform and transformation in our special education system?

Rethinking education reform...

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Thu, 04 Mar 2010 14:23:00 +0000

(Joanne Jacobs summarizes reviews of Diane Ravitch's new book).

I just got the book! It's turning out to be a must-read for those of us interested in improving public education for all students.

As a history major and former 'social studies' teacher, I do look forward to reading the historical perspective--and to understanding how one education leader came to change her views on education reform.

Let's celebrate what's right and fix what's wrong!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Wed, 03 Mar 2010 04:53:00 +0000

As you may remember, I was interviewed by EducationNews.org before New Year about my new book, Fixing Special Education--12 Steps to Transform a Broken System.

It's time to celebrate what's right and fix what's wrong.

Well, that interview/commentary became the 'most commented' and 'most popular' for several months! That positive response was awesome! I do believe this discussion gives voice to many folks who have been silent, even as they know the system is broken.

So, today the follow-up interview was published! I hope that in shedding light on our broken system, we will be moved to work together to fix it. Let's celebrate what's right and fix what's wrong! (Second interview)

I'd love to get your comments!

Miriam

Check out today's EducationNews.org!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Tue, 02 Mar 2010 12:18:00 +0000

Fixing Special Education-- check it out in today's Educationnews.org "Commentary." This is the follow-up interview. It focuses on how the book is doing and how it's being used in upcoming programs around the country. As well, some clarifications and next steps. Fun! (Miriam's 2nd interview about Fixing Special Education)

Your thoughts?

Reminds me of song, "Promises, Promises..."

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Sun, 28 Feb 2010 16:59:00 +0000

...stop making promises."

Common sense has always known that promises made far into the future will be painful in the future. So, here is the Boston Globe's report of runaway health care costs in Massachusetts. And we all know it's not just Massachusetts. And in education, we now have stories that once the stimulus funds leave special ed and other programs, many schools will be stuck with promises they made based on those funds which may not be there next year, etc. etc. etc.

(future health care promises)

Where are ocmmonsense answers to stuff we all know?

Diane Ravitch's new book--I can't wait to read it!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Fri, 26 Feb 2010 14:56:00 +0000

Have you seen it yet? Have you read it yet? The Death and Life of the Great American School System-- How Testing and Choice are Undermining Education. That subtitle really got me. Here's the link to the Washington Post piece about it. And, the Amazon link to the book. It's on my to-do list for today!

(Diane Ravitch's new book)

(Amazon link for Death and Life of the Great American School System)

The new and improved SpedEx is up and running!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Wed, 24 Feb 2010 04:38:00 +0000

SpedEx-- Massachusetts' new and innovative dispute resolution model is up and running! Congratulations to all who worked tirelessly to reach this day.

SpedEx is designed to resolve disputes between schools and parents after an IEP (Individualized Education Program) has been rejected or a hearing has been requested. It is a voluntary program, whereby the child will be assured a free appropriate public education (FAPE) in the Least restrictive environment (LRE) in an expeditious and trust building way. The parents and school district jointly select a consultant from the Department of Elementary and Secondary Education list to help them determine an appropriate program for the child.

SpedEx is here! How great is that! Let's hope that parents take advantage of this pilot program and that they rebuild trust and work together for the child's education.

For more information, please visit:

(SpedEx--the innovative dispute resolution model)

"The interests of teachers and children are not the same."

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Tue, 23 Feb 2010 04:00:00 +0000

The move is on--as teachers are laid off, it's last hired, first fired. There is movement to change that. The other side? Seniority rules and teachers unions, claiming it's the only objective standard. I'm amazed that this story has gotten so far--in the Wall Street Journal. I was struck by the last line, stating that when it comes to key union contract provisions, like seniority, "the interests of teachers and children are not the same." How sad is that. That says it all, really. Check out this story. It'll be interesting to see if it has legs.
(Seniority rules under pressure)

Still the Most Commented, in case you missed it!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Mon, 22 Feb 2010 03:04:00 +0000

My interview with Education News at (Fixing Special Education) is still the "Most Commented!" Check it out in case you missed it. It's in two parts.... Let me know what you think. I look forward to hearing from you.

Onward and upward to FIX our broken special education system.

Down with parents?! A provocative title, Jay Mathews.

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Sat, 20 Feb 2010 16:12:00 +0000

By now, you've heard of that California law whereby a vote of 51% of parents in a school can close that school, change that school, fire staff, etc.

(Down with parents)

Jay Mathews raises some concerns about it. A thought provoking and interesting read. And frankly, I am not sure how this should be handled....

My concern is the following--one I've raised many times before. When are we finally going to use 'common sense' and create a law/policy/bully pulpit so schools and parents have to work together to improve schools. We need policies that encourage parents to parent their children, to help their children learn not just to be activists against their schools. I take my clues from President Obama's urging parents to help their kids learn more--read to them, talk to them, put them to bed on time, feed them nutritious food, work with teachers, etc. You get the idea. Etc. Etc. Etc.

If we gave that policy a good run, and that failed, I'd be more optimistic about the California law. Without it, I see merit in Mr. Mathews' concerns.

Your thoughts?

Jay Mathews' column: Teachers matter more than polls.

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Mon, 15 Feb 2010 18:27:00 +0000

The column deals with controversies in Washington DC. However, if we can strip away those politics, this column makes sense beyond that city. In schools, teachers matter the most. We should focus all policies and practices on improving teaching and learning...Success breeds support. Support the teachers in classrooms. Leave them free to teach. Why is that so complicated?

(Teachers matter more than polls)

Great Valentine's Day Story!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Sun, 14 Feb 2010 15:09:00 +0000

A drop out program that's working at Charlestown H.S. in Boston. Good teaching. Motivated students. Academic and non academic standards. A beatiful story.

(Drop out program focused on learning that's working)

Virtual schools...

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Sat, 13 Feb 2010 15:34:00 +0000

Interesting piece by Jay Mathews... Yes, virtual schools may be growing because they are cost effective, but I think there's lots more to it.

Are people going to virtual schools also because the public schools often do not provide for their children? Consider the NCLB's focus on closing gaps for those without basic skills-- to a rather mediocre middle. Well, what about the top half? What focus is there for them? Maybe that is part of the reason.

Also, consider the student discipline issues in many schools, taking precious time away from the learning of others. Could that be a reason too?

Also, consider... well, you get the idea. There may be lots of causes, beyond the usual suspects.

In short, do virtual schools give parents the right to vote with their feet without having to move out of their houses or apartments, and without having to argue with their school districts?

(Virtual schools are growing)

Lots of money for special education....without fixing it first.....

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Sat, 13 Feb 2010 15:01:00 +0000

See earlier blog on the fact that special education received some $12 billion in the stimulus packaged (compared to the $4+ billions in Race to the Top funds). Is that good or bad? Well, Education Week writes that this special ed money was used by many school districts to plug in holes. The article's title says it all: "Short term choices could haunt district...."

(Short term choices)

When the funds end, the holes will still be there--maybe larger than before--and the system will still be broken. You decide if that's good or bad.

Throwing lots of money at a system that needs a fix first is NOT good public policy.

What a day for ed news! Bye bye learning style!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Thu, 11 Feb 2010 16:24:00 +0000

('learning styles' debunked)

As a public schools attorney in matters of special education, I, too, have questioned 'learning styles.' I included these concerens in my new book, Fixing Special Education--12 Steps to Transform a Broken System.

But I'm just a lawyer--not an expert in these matters. Now more psychologists have jumped in. That's great! It's hard enough to educate kids these days. Saddling teachers and parents with bad science and ideology is not helpful.

The New York Times weighs in on improving NCLB

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Thu, 11 Feb 2010 15:57:00 +0000

If you missed the NY Times editorial on February 5, here it is.

(Improving No Child Left Behind Act).

My two cents?

I agree with those who say that the NCLB has done more good than harm. Its focus on academics, results, and the outcomes for specific groups has been a positive and should continue.

However, the gnawing concern I have is that we get smarter about which gaps to close. For now, our efforts and huge funding are designed to bring students who do not yet have basic skills to a rather basic, mediocre level of 'proficiency.' That is OK as far as it goes, but it detracts from efforts and funding for that other gap. We are failing to focus on the top half of the classes--students who can already read, write, and do basic math. What challenges do our laws now provide them? None. There is no focus on them. No new funds. No new sanctions. etc. This is not good for America.

I'm afraid that our laws' current out-of-balance focus will NOT close gaps for these students, and will leave them behind. Certainly, we are already seeing that international results--comparing top students around the world. Since the law does NOT focus on pushing students who already meet 'proficient' standards to higher levels of achievement, I believe that needs a fix. America needs these students to be all that they can become!

Diversity in charter schools?

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Wed, 10 Feb 2010 15:01:00 +0000

I assume you saw this new study, on the heals of last week's UCLA study, reporting on a 'lack of diversity' in charter schools.

(lack of diversity in charter schools)

HMMM. What is this about? My view is that diversity in schools should serve education --better teaching and learning for all students--not a civil rights notion that is not teaching/methodology driven. This is the same issue that permeates special education's push for 'inclusion'--far too often implemented because it meets people's belief system than promotes better teaching and learning for all kids.

Here, too, the fact that certain students attend certain schools does not ipso facto mean that there is a problem, that schools are excluding kids, that the schools are not effective, or that lawyers or government agencies need to step in to 'fix' it. Your thoughts?

Let's MOVE and Let's LEARN together!

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Wed, 10 Feb 2010 14:38:00 +0000

If Michelle Obama can start a sweeping initiative to deal with childhood obsesity--as the New York Times reported yesterday, then surely we can start a Let's Learn Together initiative--to help parents and teachers work together on behalf of student learning, not at odds, and not by relying on our legal system, as happens far too often in special education. The lack of trust in our schools impedes learning as surely as the amount of fats creates obesity.

(Obesity initiative by our First Lady)

It's inspiring! Let's learn together!

USA Today--More students fail AP courses

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Tue, 09 Feb 2010 15:11:00 +0000

Sad. Another program that may be compromised, it looks like. (More students fail AP courses). Are we compromising standards to 'democratize' the test? My father used to say, If something is too good to be true, it's probably not. What may be going on here?

We need to go back to basics: First the WHAT, then the WHO. WHAT is AP level? WHAT is the curriculum? WHAT is the purpose of AP? Then, WHO has the necessary skills to participate? WHO will benefit from AP? WHO can participate meaningfully without compromising those standards? It looks like in some states, our current approach may be backward. First, it seeks to include more students (the WHO) and then it needs to tinker with the standards (the WHAT). That approach doesn't work well for anyone. As Linda Darling-Hammond is quoted, "The standards don't teach themselves." Adding a high-level test does not cure education knowledge and skills deficits.

I'm with everyone who seeks to include more students in AP, so long as we put the WHAT before the WHO. So long as we don't lower AP standards. So long as we remember what our purpose for AP courses was, in the first place!

This article reminds me of inclusion. Yes, while in some situations it can be excellent for all students, far too often, it does lower standards and expectations in many classes. Let's be honest here.

If we are serious about raising standards for all students, it's first the WHAT; then the WHO.

Urban parents and the choices they want.

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Sun, 07 Feb 2010 15:52:00 +0000

I woke up this morning to this refreshing discussion. Check it out.

(Urban parents don't care what Gary Orfield thinks)

What do I think? Well, when I was a teacher in the Berkeley schools back in the late 1960's, we had tracking at the junior high. The highest level course and the lowest level course. I taught both and will never forget the parents of my lowest level students (you can imagine who they might have been in this urban setting). They exhorted me to NOT lower standards, NOT go easy on their kids, NOT demand less than the best. They exhorted me to PUSH their kids to excellence, to PUSH them to learn as much as possible, to PUSH them to work hard.

It taught me that parents are parents--wherever they live--and they want the best for their children. This article lays that out well. Thanks for it.

And from Massachusetts....

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Wed, 03 Feb 2010 15:36:00 +0000

The Boston Globe reports that educators and advocates like Pres. Obama's changes for the No Child Left Behind Act. Maybe they are good. Let's hope.

My concern is that Massachusetts continues to allow nonstandard accommodations (NSAs) on its state testing program, the MCAS. Thus, some students have the test read to them--and they 'pass' reading. Some use computers, and they 'pass' math. So long as tests continue to allow invalidating NSAs, it hardly matters what the policy is.

Check it out!

(Massachusetts likes Obama's NCLB changes)

Will changing incentives in NCLB work?

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Wed, 03 Feb 2010 15:20:00 +0000

Short and targeted writing is good. The Christian Science Monitor editorial meets that criteria. I learned a lot: What's wrong with the law as is; what's right; that only 34-39% of students have reached proficiency (on state standards) and it's almost 2014, and how we might fix the law.

Here it is. Your thoughs?

(Obama changes incentives in NCLB)

NY City to overhaul special education

noreply@blogger.com (Miriam Kurtzig Freedman, M.A., J.D.) — Tue, 02 Feb 2010 14:28:00 +0000

Let's hope! I wonder if it's an overhaul or a reshuffling. If it's a transformation or a way to move things around. The article's focus on more inclusion, per se, worrisome. Inclusion is not an educational solution or goal. Like a methodology, inclusion should be encouraged where it works and promotes more learning. Otherwise, other methodologies should be used. Time will tell. Your thoughts?
(NYC to overhaul special education)