We are proud to announce that Shahar Pasch as earned Board Certification in Education Law
We are proud to announce that Shahar Pasch as earned Board Certification in Education Law
Outside his classroom, A.J. Plonsky dropped his backpack on the pavement and curled himself into a ball.
It was the 12-year-old’s first day at a new school. A kid from math had ignored him in the noisy cafeteria at lunch, so he sat alone and cried. By the time he got to science class, where he sat in the wrong seat, A.J. used his fingernails to dig a long, bloody scratch in his arm.
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In a meaningful success, we prevailed in a 504 Complaint which found that the Gifted Characteristic Checklist used by the Palm Beach County School District discriminate against children with disabilities. We will continue to advocate to make sure all students have access to appropriate educational programs.
Most children with disabilities do not fit neatly into any one category. They often have layers of complex and co-occurring strengths and challenges which can result in multiple, co-existing exceptionalities and ESE eligibilities. It is possible, and in fact common, for a child to be both Gifted and have Autism Spectrum Disorder, or Gifted and Specific Learning Disabled, or Gifted, Language Impaired and Emotional/Behaviorally Disabled, and the list goes on. All children, regardless of their exceptionalities and challenges, deserve the same opportunity to access school enrichment programming.
In Florida, there are three criteria used to determine Gifted eligibility. Pursuant to Fla. Admin. Code R. 6A-6.03019, a student must demonstrate (1) the need for a special program, (2) a majority of characteristics of gifted student according to a standard score or checklist, and (3) superior intellectual development as measured by an IQ score two standard deviations or more above the mean on a standardized test of intelligence. All three areas (need for a special program, the minimum IQ score, and the gifted characteristics) must be met in order for a child to be eligible for Gifted. In other words, a child can have an extraordinarily high IQ, but can be denied Gifted placement if the teachers do not mark a sufficient number of characteristics in a checklist.
There is no standard for the Gifted Characteristic Checklists, and so they vary widely across the State, and indeed the country. There are, however, some checklists which are rooted in research, are more expansive, and are sensitive to the varying strengths and challenges experienced by children with disabilities. Palm Beach County’s checklists were limited and, furthermore, valued behaviors which specifically excluded children with certain disabilities. For example, the Gifted Characteristic Checklist for grades 4 and 5 asked teachers to rank a child on skills such as “adapts easily to different situations” and “becomes impatient with drills and routine procedures.” Children with Autism Spectrum Disorder would have difficulty gaining higher marks for these types of behaviors. In fact, the diagnostic criteria for Autism Spectrum Disorder (ASD) specifically considers whether a child demonstrates, “Insistence on sameness, inflexible adherence to routines, or ritualized patterns or verbal nonverbal behavior (e.g., extreme distress at small changes, difficulties with transitions, rigid thinking patterns, greeting rituals, need to take same route or eat food every day).” Thus, the more a child exhibits traits of ASD, the lower the same child may score on the Gifted Characteristic Checklist. While there are many children with disabilities in the School District’s gifted programs, some children were certainly excluded due to their disability.
Ultimately, all children should be valued for their strengths, diversity of thoughts and abilities that they can contribute, and not just excluded because of their challenges. A more inclusive checklist will allow all children to be considered fairly and equitably for Gifted eligibility. We are very pleased to have successfully advocated on behalf of our client, and to have helped make a difference for all students with disabilities in Palm Beach County who will benefit from the revised Gifted Characteristic Checklists.
Relevant Portions of the Investigation Report:
If there was any doubt that the Palm Beach County Sheriff’s Office should not be in charge of patrolling our schools, the Legal Aid Society and Human Rights Defense Center’s lawsuit regarding the inhumane treatment of children in the Palm Beach County Jail should put an end that discussion. Under the leadership of Sheriff Ric Bradshaw, children are allegedly held in solitary confinement for months, denied access to education and mental health services, and subjected to physical and mental abuse by deputies charged with their care.
Continue readingIf you do not want your child to attend your local school, then you now have a new option. Beginning in the 2017-2018 school year, a parent may enroll their child in any public school within the State of Florida if (1) the school is not at capacity, and (2) the student is not currently subject to an expulsion or suspension. In Palm Beach County, “capacity” has been determined to exclude any school that is more than 90% full. Here is some important information to consider if you want your child to participate in Controlled Open Enrollment:
How do you choose what school to apply to for Controlled Open Enrollment? First, realize that seats at very popular schools will fill up quickly, so your odds of enrollment will be diminished if a lottery needs to be held. Second, don’t go by school grades alone because they can be misleading and not always relevant to finding the best fit for your child. Does your child have a particular interest that a school may offer? For example, some elementary schools offer arts programs like band or drama. Some middle schools have a great SECME team that your science-inclined child may enjoy. Maybe your child wants to be part of a strong marching band program and baseball team in high school. Take a tour of the schools you’re interested in and ask questions about clubs, sports and aftercare programs.
If your child struggles academically, then ask what type of supports the schools offers to meet your child’s challenges, including tutoring and types of reading programs they use. If your child excels academically, then ask whether the school has enrichment programs, participates in academic games or offers pull-out or full-time gifted. If your child has behavioral challenges, then ask about the school’s positive behavior plan and their suspension rate. Of course, since transportation is not provided, consider the school’s proximity to your home and work.
While the process may feel overwhelming, the good news is you only have to do it once. Once your child is enrolled, you do not have to reapply. Your child may remain at that school until the last grade completed. As always, should you feel that your child has not been treated fairly, has been denied an appropriate accommodation or placement, or you wish to appeal a school district decision, then please contact our firm at 561-247-5852 for additional assistance.
We were thrilled to have the opportunity to sponsor Rise and Grind Sports and their partner, the Homeless Coalition of Palm Beach County, in the 2nd Annual Hoops 4 Homeless Awareness.
For most families, the beginning of the new school year brings hope. Hope for new friends, inspiring teachers and exciting new experiences. There are some families, though, who also experience a feeling of dread about the new school year. For children who struggle in school, either academically or emotionally, facing another year of seemingly insurmountable challenges brings a fresh wave of anxiety. As parents, we can be a strong voice for our children to receive the educational interventions, services and accommodations they need to succeed.
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