Legal Briefs from Matt Cohen
The following are past questions and answers from Matt Cohen on this topic.
My 14-year-old son has been diagnosed with Asperger's, ADHD, and bipolar disorder. He has math and science teachers that have no special education training. And he struggles in both these classes — the teaching methods do not engage him. This is our second year trying to suggest new methods to the teachers, and they do not seem to be successful. Last year I paid for a tutor and was able to demonstrate to the school that my son could be successful if taught correctly.
Any advice on how to handle this teacher skill barrier with the school? I hate to lose another year of math and science due to inadequate special ed. skills.
The schools are required to use peer-reviewed, scientifically-based educational programs to the extent possible. If the math and science programs your son is being provided do not seem to be working, the first thing to ask the school is whether the program is a research-based, systematic instructional program designed to address his specific disability. If they cannot provide research to support its effectiveness and it doesn't seem to be working, they should be investigating and implementing other programs that are research-based and appropriate. You may benefit from an outside clinical evaluation by a psychologist knowledgeable about research-based math programs in order to learn what methods should be used with your son. For information on peer-reviewed, scientifically-based instructional programs, check the What Works Clearinghouse.
I am convinced that my 20-year-old niece, who has cerebral palsy, also has dyscalculia, a math disability. She is only doing fourth and fifth grade math. Her math teachers have written her off as unteachable. She wants so badly to earn her diploma, but the math teacher says that will never happen because of the math.
The teacher, in my opinion, has absolutely no patience with learning disabled children and no interest in trying anything different. At present, she attends the School for the Blind and Visually Impaired in Indianapolis, Indiana. We are desperate to find her real help, an individual or school that knows how to teach someone with dyscalculia. Can you please guide us in our desperate search before it is too late for yet another learning disabled child?
First, given that you believe that your niece has a neurological math problem that the school is not recognizing, it may make sense to either obtain a private evaluation by someone qualified to assess this issue or to request an independent evaluation at public expense. In any event, since the school is denying the problem, you need to find independent evidence to support your suspicion.
Assuming that testing confirms the previously undiagnosed dyscalculia, the school would potentially both have to make accommodations and potentially provide compensatory educational services to remediate the math problem that they had previously failed to recognize. Some of the University- or Hospital-based diagnostic clinics in your area may be able to help with the diagnostic end. You may also want to contact the Indiana Resource Center for Families with Special Needs, InSource, to get advice on ways to deal with the situation and for resources that can help you to advocate for her.
My 23-year-old daughter has a well-documented, severe, and longstanding math disability. She has been told that to earn a degree in early childhood special education and to teach with a certificate in New Jersey she must pass two semesters of college-level algebra.
She is in the process of failing remedial algebra again. Can you suggest any agency or way to try to get an accommodation so that she can graduate college, take the Praxis (required exam for teachers), and teach? She has very strong verbal skills and is capable of all of the academic and practical work required for early childhood education.
It has been my experience that even typically developing preschoolers do not have to learn to do quadratic equations. I am not sure why the teacher must demonstrate that competency to teach preschool math. We appreciate any suggestions you can offer. Thank you.
Dear Jane:
I suggest that you contact the state agency responsible for teacher certification. They should have a procedure for granting waivers or accommodations for various requirements for certification. They may feel that these courses are fundamental to the preparation for the job, but as you point out, this seems questionable.
They should also have an appeal procedure to address what to do if they refuse to make an exception. In order to assure that you follow the right procedure, you and your daughter should consult with a knowdledgeable ADA/disability rights lawyer in your area for advice. You may get information on possible lawyers from COPAA, from the American Bar Association's Disability Lawyer Search engine, or by contacting the New Jersey Protection and Advocacy agency to get the New Jersey agency.
You may need expert support to make the point that the math skills being tested are not fundamental to the job for which the license is being sought. You may also be able to identify and propose other ways for satisfying the math requirement.
Our 15-year-old son, diagnosed with Dyscalculia and Dyslexia is being forced to take a second math course in high school as an elective because he scored at Academic Warning in math on state assessments. In so doing, he will lose one of his two electives and have to choose between Band and Study Skills. Losing electives is detrimental to his success in the school setting, in our opinion. What are his rights and how do we advocate on his behalf in this situation.
We would like for this course to be his math elective instead of free choice elective if it is so important for him to pass the state assessments. Surely we aren't the only parents in this situation.
Cathy
Dear Cathy,
I am unable to determine from your question enough information to fully answer it. However, if your son has been identified with a learning disability in math, it may be appropriate for the IEP team to revisit his math services and develop a more appropriate and effective math program, rather than have him take two periods of math.
While the rules in relation to state tests vary from state to state, the IEP team generally has some authority to provide for individual accommodations and/or deviations from normal requirements to address a child's needs and the schedule and test accommodations that are necessary as a result of their disability.
As to the issue of a math class vs. electives, the IDEA/special education law does not address a specific entitlement to electives. However, Section 504 prohibits discrimination on the basis of disability. One might argue that it is discrimination based on his disability to prevent him from participating in normal electives due to his math problems, particularly if there was a problem with the adequacy of the math instruction.