Children with Special Needs Left Behind -- Again

I have a confession to make.

Many people have told me my blog is one of their most important resources to keep up to date on disability issues. The blog was even named one of the top resources for special education teachers.

But I have to confess that the only reason I started this blog -- and the only reason I keep it going -- is to support my daughter and people like her. Yes, it may help inform other people, raise awareness, and support important changes. But it's really all about her. My only expertise in education is from my attempts to navigate the system as a parent.

My 6-year-old daughter has autism and a seizure disorder, and she is non-verbal. She's also a student, and as a student she has a legal right to an appropriate education.

I try not to be partisan in this blog, but as a Democrat, it was easy for me to criticize the Bush Administration's policies in education (and so many other areas). It's harder for me to acknowledge that under the leadership of Secretary Arne Duncan, the Obama Administration's education policies appear to be more of the same (or worse), at least as they relate to children like my daughter.

My wife reminds me that our family is in the minority -- most children in the United States are not disabled. For most of them, focusing on the need to increase test scores and get into the best college makes sense. Unfortunately, the single-minded focus on test scores and academic achievement means that my daughter and others like her are positioned as obstacles to progress, as opposed to welcome members of the education system. They are undervalued, underserved, underfunded, and "left behind" in the truest sense of the term.

I'd like for my daughter to attend college one day, but today her schoolwork is focused on teaching her to care for herself, to pay attention to her surroundings, and to match shapes and colors. If you are a parent of a typical child, maybe even a child in a Gifted and Talented program, imagine these two scenarios:

1. Your child's school is judged solely on students' academic performance -- test scores and college readiness. The higher your students' performance, the more federal and state money and other benefits your school will receive. You are punished for low test scores. Do you want my daughter to attend your child's school?

2. Your child's school is judged on students' academic performance and its ability to incorporate children with disabilities, children who are still learning English, and others with special needs -- so they can learn from typical peers, and vice versa. The federal and state governments reward your school and provide incentives for incorporating these students and teaching them important life skills. Now do you want my daughter to attend your child's school?

Occasionally, Secretary Duncan does talk about special education. What he says is that more students in special education should graduate. That's nice for the children who have the ability to achieve at that level. But what about the many children who don't? Are non-diploma students who also have a right to an education on his radar at all? Or they mere obstacles to his legacy as a reformer?

Sadly, when asked about special education, even after being in office for more than a year, Secretary Duncan punts the question. It seems that he hasn't considered these questions himself, and you have to wonder if he considers special education a necessary evil that comes with his job. Education Week reported recently, "Rep. Robert E. Andrews, D-N.J., asked [Duncan] how the department would like Congress to revamp assessments for English-language learners and students in special education. A number of schools in his districts are not meeting the achievement targets in the NCLB law because of those groups of students, he said. Secretary Duncan said that he thinks that might be the toughest question the department has to tackle in reauthorization of the ESEA. He said he has tapped Alexa Posney, the assistant secretary for special education and rehabilitative services, and Thelma Melendez, the assistant secretary for elementary and secondary education and a former English-language learner herself, on how best to measure those students’ progress."

It's good that he's asked his assistant secretaries to look into "the toughest question" regarding reauthorization. But when you roll out a comprehensive reform plan, isn't it time for some answers? And some leadership?

Disability Policy in 2009: The Year in Review

Like every other year, 2009 had its ups and downs in terms of disability rights and policy. The Obama administration made some important steps in some areas, while much remains to be done on several important agenda items. Not surprisingly, the actions of the Obama administration play a prominent role in this list of 2009's top news items for disability issues.

UN Convention -- At the direction of President Obama, Susan Rice, U.S. ambassador to to United Nations, signed the UN Convention on the Rights of Persons with Disabilities. While largely symbolic, this was an important international gesture to express the nation's commitment to advancing the rights of people with disabilities.

A High-Level Advocate in White House -- President Obama wasted no time demonstrating his support for people with disabilities when he named Kareem Dale the first White House special assistant for disability policy. By all accounts, Dale has done an admirable job keeping disability issues front and center for the administration. Read an interview with Dale.

Olympics, Paralympics, Special Olympics -- The president suffered a major setback when his strong support failed to help Chicago win the bid for the 2012 Olympics. Surprisingly, Rio was selected over Chicago. Chicago had a very strong proposal for the Paralympics, and hopefully the spotlight of the Olympics will help protect and advance opportunities for people with disabilities internationally. In other Olympic news, the president got in trouble for making a "joke" about the Special Olympics -- which, looking back, probably heightened his sensitivity and helped elevate disabilities as a priority for his administration.

Are Students with Disabilities Being Left Behind? -- The appointment of Arne Duncan as secretary of education hardly caused protests by disability advocates, but few applauded the news. Recognizing that Duncan was not known for his support for special ed in Chicago, most people reserved judgment, not knowing where special ed would fit in with his federal priorities. And in many ways, we're still waiting. Duncan has not said much on the topic, but he gets points for appointing Alexa Posny as assistant secretary of special education and rehabilitative services. If he consults with her on major issues affecting students with disabilities, it's possible we'll see evidence that he cares about more than test scores and graduation rates. Lawyer and blogger Jennifer Laviano called Duncan's performance the lowlight of the year for special education.

Supreme Courts Backs Reimbursement for Private Special Ed -- In June, the Supreme Court said federal law authorizes reimbursement for tuition to private schools even if a child has never received special ed services in a public school. The decision in Forest Grove School District v. T.A. said that under the Individuals With Disabilities Education Act, if a school district fails to identify a child with a disability, the district is still financially responsible for ensuring that the student receives appropriate services.

Disability.gov -- The Obama administration has made tremendous progress in leveraging technology to improve communication and transparency throughout the government. The use of blogs, Flickr, Twitter, video, and lots of interactivity on the White House website has raised the standard for all future administrations. One of the best things the government has done is launch disability.gov, which consolidates resources from 22 federal agencies in a user-friendly format. example , Read my Q&A with Kevin Connors, who helped build the site.

Autism -- The CDC released data showing that autism affects one in 110 people and one in 70 boys, and national and state officials took steps to address the needs of affected families. This year 17 states introduced legislation to require insurance companies to cover autism diagnosis and treatment. According to Autism Votes, 15 states have passed autism insurance laws, six are considering bills, and another seven (and DC) have pending bills. The administration released the first-ever strategic plan for government-funded autism research and added $1 billion to its budget for autism over the next eight years. Kathleen Sebelius, secretary of the U.S. Health and Human Services has called autism "an urgent public health challenge" and compared it to the challenge of polio in the 1950s and HIV/AIDS in the 1980s.

What other highlights and lowlights would you include? How would you rate the administration in these areas after a year?

Who is Alexa Posny?

From allgov.com, "Who is Alexa Posny?", a profile of the head of the U.S. Department of Education's Office of Special Education and Rehabilitative Services.

White House Appoints Assistant Secretary for Special Education and Rehabilitative Services

President Obama has appointed Alexa Posny as his Assistant Secretary for Special Education and Rehabilitative Services in the U.S. Department of Education. As you can see from her bio, she has a lot of relevant experience, including being a teacher herself.

"Alexa E. Posny currently serves as the Commissioner of Education for the state of Kansas. As Commissioner, she is responsible for helping over 450,000 students meet or exceed high academic standards, licensing over 45,000 teachers, and overseeing a state education budget of a little over $4.5 billion. Prior to this, Posny was appointed as the Director of the Office of Special Education Programs (OSEP) for the U.S. Department of Education, a position in which she assisted state and local efforts to effectively educate all children and youth with disabilities. Other positions that Posny has held included the Kansas Deputy Commissioner of Education, Kansas State Director of Special Education, Director of Special Education for the Shawnee Mission School District, Director of the Curriculum and Instruction Specialty Option as part of the Title 1 Technical Assistance Center (TAC) network of TACs across the United States, and a Senior Research Associate at Research and Training Associates in Overland Park, Kansas. Posny earned her bachelor's degree from the University of Wisconsin at Stevens Point, a master's degree in behavioral disabilities and a doctorate in educational administration both from the University of Wisconsin Madison. Currently, she serves on the Board of Directors for the Chief State School Officers, the National Council for Learning Disabilities, and chairs the National Assessment Governing Board's Special Education Task Force. Most importantly, she has been a teacher at the elementary, middle and high school levels and remains a teacher today, serving as adjunct faculty with the University of Kansas."

Posny's nomination requires Senate confirmation. Read July 6 press release, including other appointments.

UPDATE: Kathy Martinez has been confirmed as the Assistant Secretary for Disability Employment Policy at the Department of Labor. Read bio from the Washington Post.