Social Skills For All

I have been reading and talking a lot about social skills lately. My son, now 13, has struggled with social skills deficits all his life. Social skills instruction has always been a main focus of his IEP. The instruction he receives however, has always been in isolation with a handful of other similarly socially challenged kids.

While his SPED teacher insists she has seen great improvement within that group, there is no evidence of such improvement anywhere else. In fact, since it takes place primarily during lunch, it has effectively isolated him even further from his typically developing peers.

When I have inquired about including different groups of kids, I was told this would only serve to magnify the problem and open him up to more ridicule. Hmmm, and who's social skills deficit would THAT be?

There is an inherent flaw in the system when the focus is placed only on the lack of social skills which cause students to be outcast or bullied and not on the lack of social skills shown in casting them out and/or bullying them in the first place.

Recently I read an article posted on the Autism Speaks website about a study that showed training typically developing peers how to interact with children with social problems and autism yielded better results than teaching only those with deficits.You can find the article here.


That got me thinking. Why is teaching social skills not a mandatory part of school curriculum? Look around you. Read the news. Watch TV. Kids in Special Education are far from the only ones who could benefit from social skills instruction. Learning the concepts of inclusion and acceptance tolerance and compassion can only benefit us as a society.

What are social skills? There are many definitions out there but what it all boils down to is one's ability to communicate and interact with others successfully. It includes outward displays like conflict resolution, establishing and maintaining interpersonal relationships, communicating wants and needs in a positive way. It also includes inner aspects like listening, interpreting facial expressions and body language and emotional control. Think of what a wonderful world it would be if everyone exhibited good social skills.

Early intervention and continued reinforcement would be best but that doesn't mean social skills curriculum cannot be introduced at the middle or even high school level.  According to the National Association of School Psychologists, there are several school wide evidence-based social skills training programs out there including  "Stop and Think", Primary Mental Health Project, The EQUIP Program, PREPARE and ACCEPTS.  I would strongly urge everyone out there to contact your local school board or attend the next board meeting and ask about adding a social skills training program for all students in the district. It seems like a natural addition to any Language Arts program.  They are relatively inexpensive and the benefits would reach far beyond the classroom.

An Education on Special Education

In response to a large scale congressional investigation which revealed that millions of disabled children were receiving little or no educational services, Congress passed Public Law 91-142: The Education for All Handicapped Children Act of 1975. The main focus back then was making sure children with disabilities had access to an education and that their rights and the rights of their parents were protected. There have been several amendments and name changes over the years. The most recent incarnation is the Individuals with Disabilities Education Improvement Act of 2004 known as IDEA (20 USC 1400, et. seq.).

The purposes of the IDEA are stated clearly in Section 1400(d) of the statute. There are four. For the purposes of this discussion, I will be focusing mainly on (1)(A). It states:

(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living

In my last blog I included the list of ailments which define a child with a disability under the IDEA. They are enumerated in Section 1401(3) of the statute:

(i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as "emotional disturbance"), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services.(20 USC 1401(3))

You see the term "FAPE" (free appropriate public education) thrown around a lot in special education discussions. "Free" seems pretty self explanatory. Education for a child with a disability should come at no cost to the parents. "Public" seems pretty clear too referring to provision at public expense supervised by public entities. "Appropriate" is another story. What is an appropriate education? It is different for each child with a disability. It is one that is suitable for the child taking into account that child's specific educational needs, strengths, areas of weakness, established goals and the supports and services they will receive to help them attain their goals. That is why each child with a disability under IDEA is required to have an Individualized Education Program or IEP. More about that later.

The paragraph also refers to "special education and related services". Special education, again deals with the idea of an education tailored to fit the disabled child's individual needs in any setting including the regular classroom, a SPED classroom, a hospital or an institution, etc. including physical education. "Related services" can be any developmental, corrective or supportive services a disabled child may require in order to derive benefit from the specialized education program including, but not limited to, transportation, physical and occupational therapy, speech therapy, interpreting or audiology services, orientation and mobility services, psychological and counseling services, and so on. The ultimate goal in educating children with disabilities, as with all children really, is to "prepare them for further education, employment and independent living". Believe it or not the idea of preparing disabled children for further education is a relatively new one. Transition services aimed at not only helping disabled students to live independently but to achieve higher educational and employment goals are a key part of any special education program.

(1)(B) under Purposes ensures the protection of the rights of children with disabilities and their parents and (1)(C) provides assistance to States and local education agencies to provide an education to all disabled children. (20 USC 1400 et. seq.)

The second main purpose of the IDEA involves assisting States in putting in place early intervention services for infants and toddlers with disabilities and their families. The third and fourth relate to implementation and assessment of success. I leave those discussions for another time.

You may be asking yourself why I have spent so much time going over this one little paragraph. Simple. When you are navigating the waters of special education, this is your North Star. It is a guide for setting expectation and goals. It is a tool to employ when reviewing evaluations and IEPs or when requesting services. Keep in mind, however, the law does not require a child receive the best education possible or one that ensures a child reach his/her full potential. That being said, if there is a service or tool that you reasonably believe will assist the disabled child in benefiting from his/her education and obtaining those ultimate goals, request it.

But I am getting ahead of myself here. In order to navigate the waters, you first have to be in the boat.

Next topic: eligibility and initial evaluations.

Special Ed and 504: What's the Difference?

There are several federal laws relating to the education of students with disabilities. These include Section 504 of the Rehabilitation Act of 1973 (Section 504), the Individuals with Disabilities Act (IDEA) and Title II of the Americans with Disabilities Act of 1990 (ADA). No Child Left Behind relates to state and local testing and accountability and will not be discussed here. Not all of the laws listed apply to every student so it is important to know the difference and how they affect your child in particular.


Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (and the Amendments to the ADA of 2008) are civil rights laws. Section 504 prohibits any entity which receives federal funding, public or private, from discriminating against an individual on the basis of their disability. In 1990, Title II of the ADA expanded the scope to include all government entities whether or not they receive federal funding. What does this mean for school children? It means they are entitled to a Free Appropriate Public Education (FAPE). It means any otherwise qualified student cannot be excluded from any activities or denied the benefit of any programs or penalized in any way on the sole basis of their disability. In order to be protected under Section 504, a person must have a physical or mental impairment which "substantially limits a major life activity". There are three criteria:

1. an impairment which
2. substantially limits
3. a major life activity

None of them are fully defined in the statute which means eligibility must be determined on a case by case basis. Parents teachers or administrators can make the request for an initial evaluation. Once requested, the school must obtain informed consent of the parent or legal guardian to proceed. If consent is refused, and the school believes or suspects a child as having a disability, they can request a due process hearing to determine whether or not to override the parents decision.


Although Section 504 does include a list of "major life activities" such as walking breathing and hearing, it specifically states said list is not exhaustive. Furthermore, the Amendments to the ADA (effective January 1, 2009) expanded the list to include communicating and concentrating but still stated the list wasn't exhaustive. There is also no list of qualifying "impairments" or a definition of "substantial limitation". Eligibility is determined through individual evaluation by a committee which should be made up of individuals who are familiar with the student, able to evaluate the data properly and know what the placement options are. Data must be gathered from a variety of sources including, but not limited to, aptitude testing, academic records, medical records, observations, physical condition, social and cultural factors, etc. What the committee cannot consider in determining eligibility is the use or effect of "mitigating measures". Once again, the law provides a list of such measures which include medication, medical devices, mobility and hearing devices, reasonable accommodations, and so on; but also states the list is not exclusive. There is one exception made for ordinary glasses or contact lenses which fully correct a visual defect.


There are three possible outcomes to the evaluation: the student may be found ineligible for protection under Section 504 by failing to meet one or more of the criteria; the student may be referred for further evaluation for Special Education services under IDEA (if the district uses the same evaluation process for both, further evaluation may not be necessary); or the student will be found eligible for services under Section 504. If parents are dissatisfied with the evaluation process, they may request a due process hearing.


What services are provided under Section 504? In order to answer this question, we need to look back at the purpose of Section 504. As an anti-discrimination statute, it is meant to eliminate barriers, or "level the playing field"; to put disabled students on equal ground with non-disabled peers. As a result, there are limits to what services can be provided. The Supreme Court stated 504 was meant to provide qualifying students "reasonable modifications" which enable them to meet "all of the program requirements in spite of their disability" (Southeastern Community College v. Davis, 442 U.S. 397 (1979)). A plan under 504 can include adjustments such as sitting near the teacher or providing wheelchair access to portable classrooms, low vision aids, or communication aids just to name a few. These modifications typically do not include changes to the curriculum or program eligibility requirements. If a student requires more comprehensive or remedial services, they would probably be better served under the IDEA. All students covered under the IDEA qualify for protection under Section 504 and the ADA but not all students protected under Section 504 and the ADA are eligible to receive services under the IDEA.


If you have questions about any part of the process, check out the Office for Civil Rights website. The OCR is responsible for enforcing Section 504 and the ADA. They have a great FAQ section here: http://www2.ed.gov/about/offices/list/ocr/504faq.html Still confused? Talk to an advocate like myself to get answers to questions specific to your child.


The Individuals with Disabilities Education Act governs the provision of "special education" and related services to children with qualifying disabilities from birth through the age of 21. Children under age 2 receive early intervention services designed to help those with an identified disability in the areas of cognitive development, social and emotional development, physical development, communication and adaptive development. Children over the age of 2 with qualifying disabilities are provided with an Individualized Education Program designed to meet that child's specific needs. The purpose of the IDEA is to provide students with disabilities with a Free Appropriate Public Education that prepares them for further education, employment and independent living (20 USC 1400 et. seq.). Unlike 504 and the ADA, to qualify students must have one of a list of specified disabilities. They are:

1. Autism
2. Deaf-blindness
3. Hearing impairment (including deafness)
4. Emotional disturbance
5. Intellectual disabilities (formerly mental retardation)
6. Multiple disabilities
7. Orthopedic impairment
8. Other health impairment (this is where you find things like ADHD)
9. Specific learning disabilities (this is where you find things like dyslexia)
10. Speech or language impairment (things like stuttering not English language learners)
11. Traumatic brain injury
12. Visual impairment including blindness

In addition, they must be in need of special education and related services. The law requires these services be provided in the "least restrictive environment" appropriate. In other words, they should be educated with their non-disabled peers as much as possible.


Assessments are performed to determine areas of strength and weakness and ascertain the students unique needs.


I don't want to get too deep into the SPED process here. I will cover that in my next post. This is just to give the reader a general feel for the laws and how they are distinguished.

Advocacy, Where to Start?

As a person with a disability and a parent of two children with disabilities, I have been called many things over the years. Some of them flattering: strong, independent, passionate, admirable, intelligent. Some of them not so flattering: stubborn, pushy, difficult, overbearing, know-it-all. While the use of each of these words has been accurate at one time or another, there is one word that fittingly encompasses them all: Advocate.
The Oxford English Dictionary defines an advocate as "a person who publicly supports or recommends a particular cause or policy" -Retrieved May 1, 2013 from http://oxforddictionaries.com/us/definition/american_english/advocate 
I was born with a visual impairment such that I am legally blind and 100% color blind. I didn't really learn to advocate for myself until I was on my own at college. After that, I went to law school because I wanted to be an advocate for children. While I practiced law for several years, I didn't begin advocating for children until I became a parent. 
What is my cause? On a personal level, it has been to ensure my children and I have the opportunity, tools and support we need to succeed to the best of our abilities. On a more global level, my goal is to encourage and assist other parents to secure the same for their children. 
How does one start to advocate? Parents are natural advocates for their children. After all, who knows them best? As Sir Francis Bacon once said, "Knowledge is power". You already know your child so the next step is to know about his/her disability. Learn as much as you can about what it is and how it affects your child. What are the characteristics, effects, treatments, prognoses? Keep up to date on any new developments. Next, know the law. Familiarize yourself with the Individuals with Disabilities Education Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and No Child Left Behind.  Once you are familiar with the law and the procedures schools are required to follow, you will be better prepared to work with the school to assess your child's current educational needs. 
If this seems like a lot to take on, there are advocates out there like myself who can help.  The problem with allowing the school to make all the decisions regarding your child's education is that even when they have the best of intentions, there are other factors such as budgetary concerns, resource management, employment issues, state and district expectations which make it impossible for your child to be their primary concern.