1. Please tell our mom readers about your life as a parent of a child with special needs.
My professional and personal life has changed dramatically over the nearly 18 years that I have been a parent of a child with special needs. Prior to having our son I was a general practice lawyer in solo practice. As I began to represent him and some of his peers, who also had special needs, regarding problems that came up in school, I totally altered my practice to become an attorney who practiced in the area of special education law full time. As a result, I have found my niche and life-long "calling" that previously has been missing.
On the personal side, it has fortunately resulted in a strengthening my marriage and defined my personal relationships in a way that are more meaningful. When I leave work I go to my "second job" helping to take care of our son. He has moderate Cerebral Palsy and is taking a full load of academic classes in a regular high school. My wife works with him on Math and English and I work with him on Science and Social Studies, and on subjects like Health, that he is too embarrassed to work with his mother.
For the first nine years of his life, we were very out of balance with all our focus being on therapies and medical appointments. In 2001, I travelled to China to adopt our daughter. She has brought balance and a greater sense of family to our lives. For us it was very important to find a healthier balance that was not totally focused on issues related to his disability.
2. Apart from being a parent of special needs child, what made you to start this blog?
I started the blog because I felt that there was a need to convey to parents three types of information: legal news and information to become better parent advocates, humor from my wife's perspective to help parents laugh through what can be painful times, and a forum for first person accounts of people living with disabilities. The overall purpose was to better inform and empower parents in ways that other websites or blogs did not accomplish.
3. What sort of legal aspects do you think parents who have children with special needs need to know about?
While there are many things that are important to know about, the three main areas that are incredibly overlooked are: behavioral intervention, transition planning and assistive technology. All three areas are very neglected at meetings and are critical areas. Behavioral planning should be for students who have all kinds of behaviors that are interfering with their education not just violent or aggressive behaviors, and should be positive in nature using principles that are expressed at pbis.org. Technology is an important set of tools for verbal and nonverbal students and includes more that just communication devices. Without the use and consideration of good technological supports, students are being short changed. Transition planning begins at least at 16 years old and in some states earlier. The focus is on what happens after public school is done. It should be based upon assessments and done in a very thoughtful and creative way but very often is not. All three areas are part of the law, but are not addressed appropriately to the detriment of many students.
4. Why do you think most parents aren’t aware of these various important legal aspects?
Parents trust the school. Schools often have a poor understanding of behavioral, transition and technological planning. As a result, parents are either not informed or are misinformed as to the legal requirements in these areas. Moreover, parents are busy and it is hard to keep up on all aspects of the IEP.
5. Apart from attorneys like you, where else should parents seek help with respect to legal aspects of special education?
COPAA, Council of Parents, Attorneys and Advocates (copaa.org), which is a membership organization that is on the cutting edge of legal and political issues affecting students with special needs. Wrightslaw (wrightslaw.com) has a huge data base of legal and substantive information on special education law and topics related to advocacy.
6. As an attorney, what sort of advice and help can you provide parents having legal issues with respect to special education?
I am able to not only advise parents on the legality of the what the school has done or failed to do, I also help parents to set priorities and develop a plan. Parents often come to me very overwhelmed and in state of emotional turmoil from difficult encounters with the school. I am able to analyze the situation with parents and help them decide how best to proceed. I am also able to offer advice on the substantive aspects of special education (e.g. reading, interventions for autism, technology, behaviors) that are often just as critical, as understanding and advising on the law.
7. Where can parents get their hands on news relating to new legal developments in the special education sphere?
My blog (specialedlaw.blogs.com) is a prime source for new legal developments. Disability Scoop that publishes a free daily e-bulletin on news and legal topics related to special needs topics, and CEC, Council for Exceptional Children, that also publishes free daily email bulletins related to special education law and other related topics.