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The Light - an e-newsletter
Summer 2009
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In this Issue:
Legislative Update : Revoking Consent for Special Education Services
Weigh In - Special Needs Workshops
Welcome to the inaugural issue of The Light, an e-newsletter from Lana L. Traynor, LLC. The Light will be sent to you four times per year, or whenever there's a critical piece of legislation or a news item that we believe is important for you to know about. In each issue we'll provide legislative updates, success stories, recommended reads and more. Our goal is to keep you informed and educated about what's going on in the world of special needs education. We invite you to review this issue and continue to read The Light in the future. Thanks for your consideration!
All the best!
Lana
Legislative Update : Revoking Consent for Special Education Services
Effective December 31, 2008, parents can remove a child from special education services/placement without the consent of the school district. 34 C.F.R. § 300 (December 1, 2008).
The student is considered a general education student and is:
- No longer identified as a student with a disability.
- Placed in classes with other general education students.
- Subject to the same requirements (e.g., discipline, academic, and graduation requirements) as all other general education students.
- No longer entitled to an Individual Education Program or Plan (IEP).No longer entitled to key procedural safeguards (e.g., manifestation determination hearing before expulsion) in certain situations.
If, after considering all options, a parent decides to revoke consent for special education services, then the parent must express that desire in writing to the district. The revocation of special education services it not retroactive. Thus, the student’s educational records will reflect the student’s previous special education eligibility and services.
To be certain you are within the guidelines of the legislation, always consult with a qualified, experienced education attorney.
Wise Words…
Hope is a state of mind, not of the world. Hope, in this deep and powerful sense, is not the same as joy that things are going well, or willingness to invest in enterprises that are obviously heading for success, but rather an ability to work for something because it is good. - Vaclav Havel
The Light - A Client's Story
The IEP process was frustrating, confusing and emotional. The school district has many experts working for them on the IEP documents. As state budgets are cut, the districts must cut services to stay within their budget. At the same time, IDEA laws outlines rights for my child, but as a parent, I was so emotional and it was difficult to remain objective. With Lana at IEP meetings, my stress level went down 100%!
For the last eight years, depending on the need at that given moment, Lana has reviewed IEP documents, advised me prior to meetings, written letters and/or attended IEP meetings. She helped me set correct expectations regarding what services our daughter will (and won’t) get. Lana has educated me, provided the optimum services required, laughed with me, listened to me and become my friend. After watching Lana at IEP meetings, I’ve learned how to handle some of the meetings on my own. Though I consult with her, we usually decide that I can handle the IEP meeting on my own!
The impact Lana's help has had in the life of my high school aged daughter is easy - and wonderful - to see. I look at her and see the self-confidence, optimism and joy in her eyes! Over the past eight years she has received the services that she is legally entitled to, rather than the small amount suggested by our school district. These services will allow her to be a successful, happy adult.
Lana has always believed in the capabilities of my daughter. Most importantly I believe Lana loves my daughter… My daughter always says, “Tell Lana I love her!” -- A Thrilled Mother
Between the Lines - Book Review
Dr. Bellis, an audiologist who specializes in hearing disorders, became interested in this field as a child because her brother is deaf. She is internationally known for her work in the field of auditory processing. Ironically, Dr. Bellis was involved in an automobile accident as an adult. The accident left her with some residual issues, later to be diagnosed as central auditory processing disorder (CAPD), the very field that she had devoted her professional life to studying.
Dr. Bellis explains CAPD in simple, understandable terms. She identifies “hallmark” symptoms of CAPD, including:
- Distractibility;
- Difficulty processing verbal (oral) directions;
- Frequent requests for someone to repeat what he/she just said;
- Avoids group or classroom discussions;
- Comments are frequently inappropriate or off-topic;
- Difficulty following multi-step directions (e.g., when asked to find a book and open it to a certain page, the child may get “stuck” on the first part of the oral direction – finding a particular book);
- Delayed in certain areas, such as reading, spelling, music, art, and speech articulation;
- Poor social communication skills, and;
- Difficulty with organizational tasks.
This list is not all-inclusive. And, some individuals may exhibit other lesser-known symptoms, such as difficulty with information presented in a visual (versus verbal) manner.
Perhaps the most important thing to glean from “When the Brain Can’t Hear” is hope. Hope in the sense that we can better understand and support individuals who, if left untreated, experience a very real and possibly debilitating condition. Through recent scientific and technological advances, children and adults can explore different non-invasive treatment options.
Thank you to S.N., our client and friend, who routinely suggests books for us to read! Email Lana if you've read a book that's helped you cope, move forward or just enjoy life more - we'd love to share it with others!
Weigh In…
We would like to conduct informal and informative workshops a
few times/year with the goal of keeping you informed and up to
date with the latest developments in special needs education. Please
answer a few brief questions to help us understand the best way
to provide this service…
Hope for a better future begins today… contact Lana L. Traynor, LLC, Attorney at Law, at 503.223.4147 to schedule a free initial consultation.
Lana L. Traynor, LLC / 1221 SW Yamhill Street / Suite 290 / Portland, Oregon 97205
p. 503.223.4147 / f. 503.224.3667 / (SEE DISCLAIMER)
DISCLAIMER: Please do not include any confidential,secret or otherwise sensitive information concerning any potential or actual legal matter in this e-mail message. Unsolicited e-mails do not create an attorney-client relationship and confidential or secret information included in such e-mails cannot be protected from disclosure. An attorney-client relationship is not formed unless and until specifically agreed to in writing by attorney and client. Lana Traynor does not have a duty or a legal obligation to keep confidential any information that you provide to us. Also, please note that Lana Traynor does not seek to practice law in any jurisdiction in she is not properly authorized to do so.
Lana L. Traynor, LLC, Attorney at Law, is an education attorney based in Portland and licensed in Oregon, Washington and California. Ms. Traynor works with special education and special needs students and their families across all levels of education including representation at IEP meetings, representation of students with special needs including regular education students with disciplinary issues, college students on scholarship, graduate students facing disciplinary action or expulsion, and disabled students.