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Down syndrome is Down Right Awesome!

Join The Ramage Law Group in celebrating World Down Syndrome Day on March 21st by wearing crazy socks!  

World Down Syndrome Day was created to hear the voices of those with Down syndrome.  Each year those voices get louder and more widely known.  This day is a global awareness day that has been observed since 2012.

Facts on Down syndrome:

-It occurs in one out of every 691 live births and crosses all races, gender and economic groups.

-It is a chromosomal disorder caused by an error in the cell division that results in the presence of a third chromosome 21 or “Trisomy 21.”

-The 3 types of Down syndrome are:  Trisomy 21, translocation and mosaicism.  Trisomy 21 is the most common type of Down syndrome.

-The additional genetic material alters the course of the individuals’ development and causes the characteristics of Down syndrome.

-Some of the common traits of Down syndrome are:  low muscle tone, small stature, an upward slant to the eyes, and a single deep crease across the center of the palm.  Not every individual with Down syndrome possesses all of these traits and they possess these traits to different degrees.

-Individuals attend school, work, participate in decisions that affect them, have meaningful relationships and contribute to society in a variety of many wonderful ways.

-Down syndrome was named after John Langdon Down who was the first physician to identify the cell abnormality.  John Langdon Down first described Down syndrome as a disorder in 1866 but misunderstood how it arises.  The cause of Down syndrome was later discovered in 1959.

You can help support World Down Syndrome Day by wearing unique and crazy socks that are visible to all on March 21^st.  When people ask you about your socks or look at you puzzled explain to them that you are helping to raise awareness for Down syndrome and you are supporting all the wonderfully unique individuals of our world.  More and more people every day are affected by Down syndrome.

You are your child’s voice and best teacher!

The Ramage Law Group has authoritative solutions for special needs children!

Exhaustion Can Be Exhausting

Exhaustion can be exhausting.  If you are a parent of a student with special needs, you have probably heard that you must exhaust administrative remedies before filing suit against a school under laws such as the ADA or Section 504 of the Rehabilitation Act.  Thanks to Wonder, the service dog, the U.S. Supreme Court has now answered when families must exhaust administrative remedies under IDEA before holding the school accountable under other laws.

The case involved a young girl with Cerebral Palsy who relied on a service dog for assistance in balance, mobility and daily tasks.  The girl’s family requested that Wonder be allowed to accompany her to school and did not request any changes to the IEP.  Rather, they requested that their daughter’s special needs be accommodated by allowing Wonder to assist her during the school day.  The school refused.    The parents argued that Wonder helped the student gain much needed independence, but the school opted for a 1:1 aide instead.  The parents, after moving, sued the school for discrimination.

The lower courts both held that family was required to exhaust administrative remedies under IDEA prior to pursuing a claim for discrimination, essentially placing a needless hurdle between the family and righting a wrong.  The U. S. Supreme Court reversed the lower court and did the right thing.  The Court reasoned that the family’s claim is distinct from a complaint about the student IEP or special education services.  Therefore, they were not required to exhaust administrative remedies such as filing a claim under IDEA.

This is an important case because it removes a barrier to the right of disabled students to seek relief when their true claim is one of discrimination and is separate from their claim about an IEP or special education services.  In other words, the parents and the student need not go through the hearing process under IDEA prior to pursuing their claim.  

This case is also important because it was a unanimous decision in favor of a disabled student, a welcome development in the current state of education law.   

Read more about Wonder here.

You are your child’s voice and best teacher! The Ramage Law Group has authoritative solutions for special needs children!

The Ramage Law Group Named a 2016 Law Firm 500 Honoree

We are pleased to announce that The Ramage Law Group has been named a 2016 Law Firm 500 Honoree. Earlier this year we were nominated for our growth, operational excellence and commitment to client service. It is an honor to be included as one of the top one-hundred fastest growing law firms in America.

At this time, we would like to use this opportunity to thank our loyal clients, and partners who have supported us as we have grown. At The Ramage Law Group, we strive to provide quality services for our clients and their families.  As we continue to expand our practice areas to include family law and special education, our team remains committed to providing the same personal attention to our clients.  Because of our expansion, we are able to help even more families in their time of need, whether it is due to a custody matter or obtaining a Free Appropriate Public Education for their children. 

 As we continue to grow we encourage you to follow our progress, and stay in touch! You can view the full list of Law Firm 500 Honoree firms here: https://lawfirm500.com/award-honorees/

A Time to Watch

Like most parents, you are beginning to settle into a back to school routine.  You have met the teacher, set your alarm clock, planned school lunches, made car pool arrangements, and have taken a deep breath and you are looking forward to fall break.  If you are the parent of a child with a disability, you know that now is not the time to rest.  Now is the time to watch!

 

If your child did not receive Extended School Year services (ESY), watch for regression.  How long is it taking for your child to recover previously acquired skills?  Is she able to recover by the end of the first grading period?

 

If your child is struggling in his core academic subjects, when did you last review his present levels of academic and functional performance (PLAFFPs)?

 

If your child is telling you that she is not receiving the extra time for tests, oral instructions, shortened assignments, or access to additional help, has her teacher received a copy of her IEP or her accommodations page?

 

If your child is experiencing anxiety over peer interactions, is he being bullied?  Or does he need social skill instruction?

 

Now is the time to watch!  Special education by definition is individualized to each child.  And, individualized education must adapt to your child's ongoing needs.  The first grading period is important for your child and your child's teacher.  Review his last IEP, take the opportunity to talk with your child's teacher about his disability, and watch for signs that the IEP may not be working.  As a parent, you have the right to request an ARD meeting to review your child's IEP and request changes to it based on your child's current needs.  Use this first grading period to watch your child's school performance carefully so you can intervene early if needed!

 

You are your child’s voice and best teacher!

The Ramage Law Group has authoritative solutions for special needs children!

Don't Ask, Don't Tell

This week, The Houston Chronicle published an article that details one of the many concerns in the Texas public school system.  In the article, Denied: How Texas keeps tens of thousands of children out of special education story by Brian M. Rosenthal.  School districts have been refusing to evaluate and identify special needs students based on an inappropriate cap of 8.5% established by TEA.  Regardless of the excuses and TEA denying that students have wrongfully been swept under the rug, which is exactly what school districts defend themselves by saying, many districts interpret the TEA monitoring system as a cap on the number of eligible students who can receive services.  Some districts fear that exceeding the 8.5% cap will place the district under scrutiny and result in the district being placed on a Corrective Action Plan if their subpopulation for Special Education exceeds 8.5%.  Does it matter why districts refuse to identify and evaluate students?  No.  The fact is they have denied many students over the years the opportunity to be identified thus causing students with disabilities to fail as they do not receive services. 
 
Most parents do not know they need to formally request a special education evaluation; however, even the ones that do formally request evaluations are still being denied.  Bringing in outside testing, doctor’s evaluations, and showing years of ineffective accommodations and lack of progress still do not persuade the districts to evaluate students.  Parents expect that school personnel do what is in their child’s best interest.  Many parents look at the school as the experts when they do not know where else to turn.  It is both shocking and disgusting to find out that schools are simply taking a “don’t’ ask, don’t tell” approach to responding to the needs of disabled students.   


Some districts convince parents that they are unable to offer services.  These schools recommend private or homeschooling.  Other districts may suggest the parent obtain a private evaluation at the parent’s expense.  Some districts tell parents that there is no need to evaluate because the student won’t qualify anyway.  Some school professionals may say there is no educational need for an evaluation.  It seems these school professionals have the gift of clairvoyance.    However, question of whether there is an educational need for services only gets addressed after the evaluation.  How can anyone know whether there is an educational need for special education services if no evaluation is done?
   
Some teachers may focus only on academic performance, i.e., grades, but ignore the student’s non-academic needs related to his disability, such as the need for behavioral goals or social skills training.  Disabilities come in different forms, many of which lead to behavioral challenges, not just academic ones.  School districts have even tried to “appease” parents by wrongfully substituting a 504 plan for special education services under an IEP.  Don’t be fooled - 504 plans do not provide the same protection and level of services as an IEP.  504 plans do not require parent collaboration as in an IEP.   


Unfortunately, there appears to be an epidemic of school officials refusing to evaluate students so they will not have to identify them or educate them.  In other words, Don’t Ask, Don’t Tell!  IDEA guarantees all students a right to a free and appropriate public education.  The Ramage Law Group will fight for the right of all students with disabilities to be identified and served.  


The blame game between districts and TEA is causing students to suffer the consequences of bureaucrats who arbitrarily make decisions based on meaningless data and monetary considerations rather than doing what the law requires – meet the individual and unique needs of each and every disabled student.   Instead of evaluating the student, districts are simply sweeping the concern under the rug or putting up so many road blocks that it becomes impossible for parents and even teachers to advocate for the student.   Shedding light on the situation is a step in the right direction for Texas students.  Let us hope that the blaming will stop and Texas will put children first.  Until then,  

You are your child’s voice and best teacher!

The Ramage Law Group has authoritative solutions for special needs children!

Changes

The times they are a changin’. . . Or so the song goes!  If you are the parent of a teenager, you know it well.  Everything is changing around you - your child's physical appearance, voice, attitude, personality.  Change is neither good nor bad.  It is what it is.  It is how we respond to change that can make or break us. 

If you are the parent of a child with a disability who may not graduate with his peers because he needs additional time in school to meet his IEP goals, gain employment skills, or access community resources, the changing times are scary.  Does your child have a transition plan?  Schools must begin to address transition issues, such as post-secondary education, employment skills and independent when your child is 14 or over.  But you don't have to wait until then.  Take time to plan for the change in your child's life.   

What does your child want to do after he or she is no longer in high school?  What can you and the schools do to guide him or her?  A transition assessment will help you and your child's school identify appropriate post-secondary goals related to training, education, employment, and if appropriate, independent living skills.  The school must then provide services to help your child reach those goals.  

Don't wait until the spring of your child's senior year to start planning for the change.  Transition planning should take place long before then.  Help your child identify his or her goals.  Engage in thoughtful planning about what the day should look like when your child does not go to school.  And insist that the school provide the services to get your child there.

 You are your child’s voice and best teacher!

The Ramage Law Group has authoritative solutions for special needs children!

Video Surveillance

Coming soon to a classroom near you!  The Commissioner’s Rules on video surveillance of certain special education settings have been released.  What does this mean for you?  According to the Rules, public school districts, including charter schools, must provide video and audio surveillance in self-contained classrooms or other special education settings upon request by a parent, trustee or staff member.  The rules were adopted to promote student safety in response to legislation passed during the last legislative session thanks to the hard work of many parents and parent advocates.  The rule is effective with the beginning of the 2016-2017 school year.  This means schools must provide one or more video cameras to provide surveillance that reaches all areas of the classroom, with the exception of bathroom, toileting or changing areas.  The video cameras must be in operation at all times during the instructional day when students are in the classroom.  The schools must also provide the necessary equipment to place, operate and maintain the video camera and store video footage for at least 6 months.  School districts must establish policies and procedures for parents to request and review the video surveillance if there is a suspected incident of abuse or neglect of their child by a school employee or another student.    This is a step in the right direction to protect the safety and security of our students in special education settings!

 

This legislation and the Commissioner’s Rules are an example of how parents and advocates can effect change. 

You are your child’s voice and best teacher!

The Ramage Law Group has authoritative solutions for special needs children!

 

See a copy of the Commissioner's Rules