Special Education Law Blog: Procedural Safeguards - The series ...

This is the?final installment in a multi-part series on procedural safeguards under the federal special education law, the Individuals With Disabilities Education Act. I work a lot in this area, so it is near and dear to my heart. Despite the importance of procedural safeguards. however, many issues in this area are misunderstood. I hope that all of the different types of special education stakeholders who read this blog find the information in this series helpful. Be sure to tell me what you thought about the series.

Attorneys? Fees

IDEA?04 changed the section on attorneys? fees to provide that a school district or SEA may now recover their attorneys? fees from the parent?s attorney who files a complaint that is frivolous, unreasonable, or without foundation or who continues to litigate after the litigation clearly becomes frivolous, unreasonable, or without foundation. Section 615 (i)(3)(B)(i)(II). Also, the statute now provides that a school district or SEA may now recover their attorneys? fees from the parent or the parent?s attorney where the claim was presented for an improper purpose, such as to harass, to cause unnecessary delay or to needlessly increase the cost of litigation. Section 615 (i)(3)(B)(i)(III). The standard for an award against a parent?s attorney or a parent is very high, and it is unlikely that many awards of attorneys? fees will be made against parent?s attorneys, and especially against parents without attorneys. These new provisions, however, may cause counsel who represent parents to decline borderline cases. There could also be awards in those rare cases in which parents clearly abuse the system. OSEP declined to clarify the standard for an award of attorney?s fees against a parent stating that judicial interpretations would likely vary on a case-by-case basis and should be left to the discretion of the court. 34 CFR Section 300.517(c)(2)(ii); 71 Fed. Register No. 156 at page 46708 (August 14, 2006).

The provision permitting an award of attorneys? fees to parents who prevail in a due process or court proceeding remains unchanged in IDEA?04. The regulations provide that attorney?s fees may not be awarded for attending IEP team meetings, except where they are convened as a result of judicial action, an administrative proceeding, or in the discretion of the state, for a mediation. 71 Fed. Register No. 156 at pages 46708-09 (August 14, 2006).

ADDITIONAL RESOURCES: OSEP has also published a Question and Answer document, Questions and Answers On Procedural Safeguards and Due Process Procedures For Parents and Children With Disabilities (OSEP Revised June 2009). The Q & A document is available at the OSEP?IDEA website:

In addition, NICHY, also known as the National Dissemination Center for Children with Disabilities, has issued a series of training module on procedural safeguards. The training modules are available online here. and as to all matters in volving dispute resolution, take a quick look at the CADRE website.

?

Source: http://specialeducationlawblog.blogspot.com/2012/07/procedural-safeguards-series-part-xii.html

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U of M researcher's 'Darwinian Agriculture' explains how evolution can improve agriculture

Public release date: 25-Jul-2012
[ | E-mail | Share ]

Contact: Matt Hodson
mjhodson@umn.edu
612-625-0552
University of Minnesota

New book by R. Ford Denison presents unique approach to efficient and sustainable agriculture

MINNEAPOLIS / ST. PAUL (07/25/2012) The largest drought in 50 years has severely damaged much of the nation's "corn belt" and is threatening the viability of Minnesota's 2012 corn crop. While an extreme, this summer's condition is a reminder of a larger challenge facing agriculture to use limited resources like water in an effective and sustainable manner.

R. Ford Denison, an adjunct professor at the University of Minnesota, seeks to address these challenges through the dual prism of science and nature in his new book, Darwinian Agriculture: How Understanding Evolution Can Improve Agriculture.

"The need to produce a higher yield is continually growing, yet natural resources are becoming increasingly scarce," says Denison. "Improving crop genetics and avoiding costly dead ends in the process is paramount to the long term sustainability of agriculture. This requires a comprehensive approach, one that incorporates the lessons of nature when applying modern science."

Linking evolution to agriculture was natural for Denison, who researches evolutionary biology in the university's College of Biological Sciences and helps to plan long-term field research for the College of Food, Agricultural and Natural Resource Sciences. He discusses how both biotechnology and traditional plant breeding can and should benefit from considering past evolutionary improvements in traits like drought tolerance when identifying promising routes for further genetic improvement.

Analyzing the implications of evolutionary tradeoffs, Denison argues in Darwinian Agriculture that biotechnology and breeding efforts should sometimes reverse the results of past evolution that are inconsistent with present goals. For example, the ratio of photosynthesis to water use is greater for a plant in the morning when humidity is higher; it would therefore sometimes be better for crop yield if plants simply shut down in the afternoon. Why then, Denison asks, have plants not naturally evolved to do so? The answer, he states, is competition among plants: if one plant sacrifices its water intake for an afternoon, a neighboring plant will use water saved by the former. As a result, past natural selection favored individual growth at the expense of the plant community.

"Drought resistance is great when needing to get through a week without rain," Denison says. "In agriculture, however, simply surviving is not enough a crop actually needs to produce a grain or fruit. What we need is a plant able to produce more with a given amount of water. This is much more difficult, but that also means there may be more opportunity for us to improve on what evolved naturally."

The first of Denison's three proposed principles of Darwinian Agriculture: "Prolonged natural selection rarely misses simple, tradeoff-free improvements," predicts that simply increasing drought resistance may have negative tradeoffs. His second principle indicates that, "Competitive testing is more rigorous than testing merely by persistence." So "nature's wisdom" may be found more in individual trees (whose ancestors competed) than in even ancient forests. The final principle is a call to action: "We should hedge our bets with a greater variety of crops and ideas!"

In a review, Kenneth G. Cassman, professor of agronomy at the University of Nebraska, states: "Darwinian Agriculture is a very important contribution to our understanding of the links between nature and agriculture, and to the future of our human race. Denison underpins his arguments with an incredible wealth of insight and knowledge about plants, animals, physics, chemistry, biology and ecology."

Darwinian Agriculture is published by Princeton University Press and is available now.

As the state's only public research university, the University of Minnesota is guided by its ongoing land-grant mission of learning, discovery and engagement for the common good. Denison's work is just one example of how U of M researchers are driven to discover solutions to real and significant challenges facing Minnesota, the nation and the world.

###

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?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Public release date: 25-Jul-2012
[ | E-mail | Share ]

Contact: Matt Hodson
mjhodson@umn.edu
612-625-0552
University of Minnesota

New book by R. Ford Denison presents unique approach to efficient and sustainable agriculture

MINNEAPOLIS / ST. PAUL (07/25/2012) The largest drought in 50 years has severely damaged much of the nation's "corn belt" and is threatening the viability of Minnesota's 2012 corn crop. While an extreme, this summer's condition is a reminder of a larger challenge facing agriculture to use limited resources like water in an effective and sustainable manner.

R. Ford Denison, an adjunct professor at the University of Minnesota, seeks to address these challenges through the dual prism of science and nature in his new book, Darwinian Agriculture: How Understanding Evolution Can Improve Agriculture.

"The need to produce a higher yield is continually growing, yet natural resources are becoming increasingly scarce," says Denison. "Improving crop genetics and avoiding costly dead ends in the process is paramount to the long term sustainability of agriculture. This requires a comprehensive approach, one that incorporates the lessons of nature when applying modern science."

Linking evolution to agriculture was natural for Denison, who researches evolutionary biology in the university's College of Biological Sciences and helps to plan long-term field research for the College of Food, Agricultural and Natural Resource Sciences. He discusses how both biotechnology and traditional plant breeding can and should benefit from considering past evolutionary improvements in traits like drought tolerance when identifying promising routes for further genetic improvement.

Analyzing the implications of evolutionary tradeoffs, Denison argues in Darwinian Agriculture that biotechnology and breeding efforts should sometimes reverse the results of past evolution that are inconsistent with present goals. For example, the ratio of photosynthesis to water use is greater for a plant in the morning when humidity is higher; it would therefore sometimes be better for crop yield if plants simply shut down in the afternoon. Why then, Denison asks, have plants not naturally evolved to do so? The answer, he states, is competition among plants: if one plant sacrifices its water intake for an afternoon, a neighboring plant will use water saved by the former. As a result, past natural selection favored individual growth at the expense of the plant community.

"Drought resistance is great when needing to get through a week without rain," Denison says. "In agriculture, however, simply surviving is not enough a crop actually needs to produce a grain or fruit. What we need is a plant able to produce more with a given amount of water. This is much more difficult, but that also means there may be more opportunity for us to improve on what evolved naturally."

The first of Denison's three proposed principles of Darwinian Agriculture: "Prolonged natural selection rarely misses simple, tradeoff-free improvements," predicts that simply increasing drought resistance may have negative tradeoffs. His second principle indicates that, "Competitive testing is more rigorous than testing merely by persistence." So "nature's wisdom" may be found more in individual trees (whose ancestors competed) than in even ancient forests. The final principle is a call to action: "We should hedge our bets with a greater variety of crops and ideas!"

In a review, Kenneth G. Cassman, professor of agronomy at the University of Nebraska, states: "Darwinian Agriculture is a very important contribution to our understanding of the links between nature and agriculture, and to the future of our human race. Denison underpins his arguments with an incredible wealth of insight and knowledge about plants, animals, physics, chemistry, biology and ecology."

Darwinian Agriculture is published by Princeton University Press and is available now.

As the state's only public research university, the University of Minnesota is guided by its ongoing land-grant mission of learning, discovery and engagement for the common good. Denison's work is just one example of how U of M researchers are driven to discover solutions to real and significant challenges facing Minnesota, the nation and the world.

###

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Source: http://www.eurekalert.org/pub_releases/2012-07/uom-uom072512.php

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Congressman Takes Aim at FDA for Lack of Action in Pet Jerky Treat ...

Congressman Dennis Kucinich (D-OH) has released the following statement criticizing the U.S. Food and Drug Administration for failing to adequately protect domestic pets.

?After a weeks-long investigative trip to China and thousands of reports of sick and dying dogs, the FDA still has no answers and offers pet owners no protection,? said Kucinich.

Constituents reported illnesses in their pets after feeding them chicken jerky snacks, including ?Waggin? Train.? Kucinich then wrote to the FDA demanding strong action and a briefing on their investigation.? The FDA, which had known about problems with the snacks since 2008, issued a warning in November of 2011 about the instances of illnesses, but did not issue a recall.

After Kucinich demanded stronger action, the FDA sent inspectors to plants in China to investigate the conditions in which the treats were manufactured.? The FDA failed to reach a conclusion, releasing their raw data with little context.

?The FDA is waiting to request a recall until it has full scientific certainty about which contaminant or chemical in chicken jerky pet treats is causing deaths of pets all over the country.

As the FDA waits, it has to decide who pays the cost of the uncertainty.? Will it be the dog treat manufacturers, who refuse to issue a recall on their own and make even more money in doing so?? Or will it be beloved dogs and cats who pay with their health and their lives and whose owners receive no real warning about the danger posed by dog treats?

By allowing the treats to stay on the market as the years-long investigation drags on, the FDA is guaranteeing more pets will die. Why?? said Kucinich.

Source: http://www.lifewithdogs.tv/2012/07/congressman-takes-aim-at-fda-for-lack-of-action-in-pet-jerky-treat-poisonings/

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Olympic Spirit Triumphs | Spotlight on Spirituality and Health

The Olympics is sure to be in your thoughts right now as our athletes line up with the world?s best in London. With around 100 athletes hailing from Queensland some would say that there must be ?something in the water? here. And one who excelled in the water was Kieren Perkins. When asked how he achieved such feats he answered, ?Being your best is not so much about overcoming the barriers other people place in front of you as it is about overcoming the barriers we place in front of ourselves?.

Society as a whole is finding out at breathtaking speed that health, like sporting success, is not just about what?s going on physically but what?s happening mentally. We?re hearing a lot more about how what we believe can make an enormous difference in what we experience. We?re hearing more about the role of spirituality in health, making people better physically as well as emotionally.

Sports medicine researcher, Brian Udermann, points to strong scientific evidence suggesting that individuals who regularly participate in spiritual activities and who feel strongly that spirituality or the presence of a higher power are sources of strength and comfort are healthier and possess greater healing capabilities. He goes so far as to suggest that incorporating spirituality into training could be crucial to providing the highest quality care possible for athletes?(The Effect of Spirituality on Health and Healing: A Critical Review of Athletic Trainers, Journal of Athletic Training, 2000).

Some psychiatrists support these ideas by pointing out that obsessions with fitness and weight loss are not helpful, while we overlook a yearning for meaning in life. It?s not until many?elite athletes retire that they are compelled to discover real spiritual meaning to their lives. Big life changes that we all face at times, tend to promote this searching.

On the other hand, often it?s when athletes?find spiritual meaning that talent and true sportsmanship unite to produce a great athlete. And we?ve seen some true ?greats? in Australian sporting history. The same could be said ?for?musicians or architects or administrators.

Observe with me over the next couple of weeks how each of our Olympian athletes has progressed in this understanding, as we barrack together for the sporting and spiritual quests of ?Team Oz?.

Read more examples of current research on this subject in this post, Brain not the source of thought and action after all

Blogs posts from other spiritual thinkers focusing on the Olympics:
For success (and health), mind matter most?by Keith Wommack
The end of faster, higher, stronger??by John Yemma, editor of The Christian Science Monitor
Olympic mettle: athletes who overcame barriers to get to London?Inspirational stories in The Christian Science Monitor

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As the Christian Science media spokesperson and legislative liaison (or Christian Science Committee on Publication) for the State of Queensland, I look for opportunities to provide a spiritual perspective to current events, offer findings on current scientific research in the field of spirituality and health, and give accurate information to the public about Christian Science and its founder Mary Baker Eddy.

Source: http://qldhealthblog.com/2012/07/25/olympic-spirit-triumphs/

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Second triple-digit loss for Dow in 2 days

NEW YORK (AP) ? Fear that Spain may need a bailout sent its borrowing costs soaring, the euro to a two-year low against the dollar and stocks around the world tumbling as investors pulled back Monday from all manner of risk.

The Dow Jones industrial average, after falling 239 points earlier in the day, ended down 101.11 at 12,721.46. Yields for U.S. government bonds sank to record lows as traders sought the safety of American debt.

Borrowing costs rose sharply for Spain and Italy after news that the Spanish economy contracted by 0.4 percent in the second quarter. Falling economic output makes it more difficult for Spain to deal with its debts.

The Standard & Poor's 500 index fell 12.14 points to 1,350.52. The Nasdaq composite index dropped 35.15 points to 2,890.15.

"Increases in Spanish borrowing costs have brought back questions about the health of Europe," said Guy LeBas, chief fixed income strategist at Janney Montgomery Scott in Philadelphia. "That's driven a flight to safety."

The selling was widespread. All 10 industry groups within the S&P 500 were down, with materials and health care companies off more than 1 percent. Including Friday's drop, the Dow is down 222 points, the biggest back-to-back drop in more than a month.

In addition to Spain, investors are worried that Greece might get cut off from emergency loans it needs to avoid default. On Tuesday, inspectors from its international creditors arrive in the country to check on its progress in cutting its budget and in meeting other conditions it had agreed to in exchange for aid.

The Greek government has repeatedly failed to hit targets required for the two bailouts it has received so far.

Adding to the jitters, a Chinese central bank adviser forecast that China's economic growth could slow from its second-quarter rate of 7.6 percent, which was already the slowest in three years.

Investors had hoped that the world's second-largest economy would compensate for slowdowns in the U.S. and Europe but now aren't so sure.

"I wish it were still the weekend," said Lawrence Creatura, a portfolio manager at Federated Investors, a mutual fund firm. "People were initially worried just about the Europe, but now it's spread to China and beyond."

In Spain, the yield on the benchmark 10-year government bond rose to 7.43 percent, the highest since the euro was launched in 1999 and a level considered unsustainable for more than a few months. The fear was registered in other trading, too. The cost for investors to take out insurance on Spanish government debt soared to a record high Monday.

The message: After Spanish banks had to seek money from international creditors to stay afloat, now maybe the Spanish government needs help.

The prospect of bailing out Madrid is worrisome for Europe because the potential cost far exceeds what's available in existing emergency funds.

The fear ratcheted up over the weekend when a southern region of Spain announced that it might need a financial lifeline from Madrid to make ends meet. That followed news last week that an eastern region of the country had asked for help.

In a move that recalled the global financial crisis four years ago, Spain's market regulator on Monday said it was temporarily banning short selling of shares on its stock indexes. In a short sale, an investor seeks a profit by betting that the price of a certain stock will fall.

The U.S. briefly banned short selling of dozens of stocks in 2008 as prices were tumbling.

Strong selling rattled European markets. The main stock index dropped more than 7 percent in Greece, 1 percent in Spain, 3 percent in Germany and France. Asian stocks were also sharply lower.

Bank stocks, which tend to take a hit when fear flares in Europe, were among the biggest losers. Citigroup stock dropped 53 cents, or 2 percent, to $25.34.

The price of oil fell $3.69, or 4 percent, to finish the day at $88.14 per barrel in New York. Exxon Mobil stock declined 74 cents, or nearly 1 percent, to $85.21.

The euro slipped just below $1.21 against the dollar, its lowest since June 2010.

There were also signs that a global economic slowdown is hitting U.S. companies that rode out the anemic recovery well by selling more abroad. Now, they can't grow those sales as fast as before, and what they do sell has fallen in value as foreign currencies have weakened against the dollar. That's because U.S. companies must translate foreign currency earnings into dollars when reporting to investors, and weaker foreign currencies fetch fewer dollars.

While global sales at McDonald's restaurants open at least a year rose 3.7 percent, for instance, profits slid by about the same rate due to currency exchange. McDonald's generates about two-thirds of its revenue outside the U.S.

"A disproportionately large amount of revenue overseas is seen as a negative today," said Creatura of Federated Investors. "The list of weakening overseas markets is getting longer by the day."

Stock in the world's largest hamburger chain slid $2.64, or 2.9 percent, to $88.94 after the company fell short of most Wall Street expectations for both net income and revenue.

Hasbro is also getting hurt by currency trading. If not for the surge in the dollar, its international revenue in the second quarter would have risen 5 percent, instead of falling 4 percent, the toy maker said Monday. Still, the company beat analyst estimates of net income, thanks partly to cost cutting.

Stock in Hasbro, whose products include Monopoly and Scrabble, rose $1.35, or 4 percent, to $35.19.

In other stock news:

? RailAmerica Inc., a short-line railroad operator, rose $2.44, or nearly 10 percent, to $27.25 after announcing it planned to sell itself another short-line operator, Genesee & Wyoming, for $1.39 billion in cash.

? Halliburton, an oil and natural gas services firm, rose 2.4 percent after reporting flat earnings for the second quarter. The company has benefited lately from selling oil drilling around the world.

? Peet's Coffee and Tea surged 28 percent to $73.05 after announcing a sale to Joh A. Benckiser, a privately-held consumer goods company in Germany.

__

AP Business Writer Matthew Craft contributed to this report.

Source: http://news.yahoo.com/2nd-triple-digit-loss-dow-2-days-201452182--business.html

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Keystone pipeline backer again seeks U.S. Congress approval

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Source: http://news.yahoo.com/keystone-pipeline-backer-again-seeks-u-congress-approval-190611559.html

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Afghans: Artillery from Pakistan kills 4 civilians

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Source: http://news.yahoo.com/afghans-artillery-pakistan-kills-4-civilians-123210089.html

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