U.S. Dept. of Education Office for Civil Rights FOIA Responses

Failing Grades Are Not A Prerequisite For Special Education Evaluations

Failing grades are not a prerequisite for special education evaluation and/or IEPs or 504s.

The Individuals with Disabilities Education Act (IDEA) states that child find must include “Children who are suspected of being a child with a disability under §300.8 and in need of special education, even though they are advancing from grade to grade”. (Emphasis added. See 34 CFR 300.111(c)(1).)

Over 900 Pages Removed from U.S. Department of Education’s Site; Wayback Machine Provides View of Removed Content and Presidential Practices

Between January 18 and January 23, 2025, over 900 pages of content were removed from U.S. Department of Education’s site. The content removed focuses on topics such as Office for Civil Rights findings and new guidance documents.

Accommodation Breakdown: Limited Time Testing

This accommodation addresses the amount of time a student will be tested.

For example, one student might need breaks after every 30 minutes of testing, while another student might not be able to test more than 1.5 hours per day.

What Is A Transition Plan?

Worrying about our children is what we do as parents, but helping our kids plan, prepare, and be ready for their future is supposed to be a team effort, with parents, their kids’ schools, and other agencies working together to help students who have disabilities. That team effort should be reflected in your child’s transition plan.

Transition plans are exactly what they sound like. They help students prepare for their transition from high school to whatever comes next in their lives.

U.S. Department of Education Releases New Guidance to Assist Students Who Have Disabilities and Are Transitioning Out of High School

New guidance to assist students who have disabilities and are transitioning out of high school is now available from U.S. Department of Education Office of Special Education Programs (OSEP).

Office for Civil Rights Releases Civil Rights Data for 2021-22; Inequities in Education Continue

New data indicate inequities in education remain stark nationwide.

U.S. Department of Education’s Office for Civil Rights released data from its 2021-22 Civil Rights Data Collections (CRDC), which schools nationwide are required to submit. According to OCR, the 2021-22 CRDC contains information from over 17,000 school districts and over 98,000 schools.

What do You Say When the School Says “No”? You Ask, “Where’s the Beef?”

Parent:
The school keeps saying “No” to everything I request, even though I have data supporting my student’s needs for what I’m requesting. What do I do?
Answer:
You ask, “Where’s the beef?” (a.k.a. “Show me the data”)

VDOE FOIA: Independent Evaluation Reports for Virginia Department of Education and Related Correspondence and Invoices

October 2023 reports for two evaluations VDOE commissioned to assess special education, correspondence between VDOE’s Dr. Lisa Coons and the evaluators, and invoices submitted by the evaluators.

FCPS FOIA: Blankingship & Keith February 23, 2021, Invoices

Fairfax County Public Schools (FCPS), Virginia, has been a client of law firm Blankingship & Keith for decades.

This record includes over 100 pages of invoices dated February 23, 2021, covering work Blankingship & Keith did between October 2020 and January 2021.

Office for Civil Rights Addresses Retaliation in New Guidance Document

U.S. Department of Education Office for Civil Rights the new guidance document “Civil Rights Protections Against Retaliation”.

U.S. Department of Education Addresses Restraint and Seclusion, Encourages Proactive Practices to Support Students

U.S. Secretary of Education Miguel Cardona expresses concerns about continued use of restraint and seclusion and long-term negative impacts it has on children, and proposes proactive support instead.

FOIA Release: Office for Civil Rights’ Open Investigations for Virginia Department of Education

Office for Civil Rights (OCR) provided a response to a Freedom of Information (FOIA) request submitted to its office for “all letters issued from OCR to Lisa Coons and/or Jillian Balow between Jan 1, 2003, and today .” Although it took over a year to respond to the initial FOIA request, OCR confirmed that the letters reflect currently open complaints.