Special Education Action Page 17 of 43

Perez v Sturgis: Will Supreme Court’s Decision Lead to Helping or Harming Students?

January 18, 2023, the Supreme Court heard oral arguments in Perez v Sturgis Public Schools.

The case focuses on 1) whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile, and 2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA. It is based on the experiences of Miguel Luna Perez, who was denied a Free Appropriate Public Education (FAPE) for years while attending Sturgis (Michigan) Public Schools (SPS).

Heartache and Lies Instead of FAPE

For 12 years, SPS advanced Miguel Luna Perez from grade to grade and inflated his grades to the point he repeatedly made honor roll, even though he couldn’t read or write—and then just before graduation told his family he would receive a certificate of completion but not a high school diploma. His experiences with SPS during those years are heartbreaking.

VFOIA-6763 Response: FCPS’s Recovery Services and/or Comp Ed Records and Practices

October 21, 2022, I submitted a Freedom of Information request (FOIA) to Fairfax County Public Schools (FCPS). The request was for the following:

1) any forms, letters, or documentation that address FCPS advising parents to pick their own recovery services and/or comp ed provider

2) any forms, letters, or documentation that address FCPS advising parents FCPS will reimburse parents for recovery services and/or comp ed.

3) any forms, letters, or documentation that address FCPS capping the service provider payment amount to a certain amount of dollars per hour and/or per service.

I know the above has already been provided to parents. I’m not asking for their educational records.

I know FCPS has internal records and form letters it developed.

I know that responsive records that are not also educational records exist.

This should include but not be limited to any training materials, slides, videos, presentations, too.

Accommodation Breakdown: Clarification of Directions and Expectations

Imagine a teacher assigns a writing project, requiring students to write three paragraphs related to an element on the periodic table.

Imagine one student writes three paragraphs about Chlorine and turns it into the teacher.

Now, imagine the teacher returning the paper back to the student, with red marks noting points taken off and the message, “I expected five sentences per paragraph.”

What happened?

Accommodations Don’t Have a Word Count: Clarity Trumps Word Count When Writing Accommodations

No laws or implementing regulations state accommodations must be written within a specific word count.

However, pursuant to the Individuals with Disabilities in Education Act and Section 504 of the Rehabilitation Act of 1973, the unique needs of students must be addressed.

In other words: Clarity and ensuring the unique needs of the child are met is more important than word count.

U.S. Dept. of Education’s Office for Civil Rights Releases Investigation into Another Virginia Agency’s Denial of FAPE

Less than three weeks apart, U.S. Department of Education’s Office for Civil Rights released investigation findings of noncompliance on two Virginia education agencies.

November 30, 2022, OCR released its letter of findings in response to its investigation of Fairfax County Public Schools.

December 16, 2022, OCR released its letter of findings in response to its investigation of Southeastern Cooperative Educational Programs, which, like FCPS, is under the Virginia Department of Education.

Accommodation Breakdown: Word Prediction Software

Word prediction software is an assistive technology (AT) tool that suggests words as a person types them. If you want your student to use it and/or your student’s IEP or 504 Plan team suggest it, what should be included in the accommodation? How should it be written?

The following is an example of an accommodation written into one student’s IEP:

“Student will respond using word prediction software.”

Seems straightforward, but there are too many holes to allow it to stand.

KTEA-3: Comprehensive Isn’t Always Comprehensive

Is the Kaufman Test of Education Achievement (KTEA-3) being administered to your child?

If yes, do you know if the Brief or Comprehensive Form is being administered?

Do you know the difference between the Brief and the Comprehensive Forms?

Are you aware of the Dyslexia Index?

Do you know if your school is cherry picking subtests to administer, what each subtest measures, and if they are appropriate for assessing your child’s needs (or suspected needs)?

Accommodation Breakdown: Clearly-Defined Expectations

A teacher asks her students to write a report about a topic of their choice. She states two requirements for the report:

1. The report must be one page in length.

2. The report must focus on a topic she taught in science within the last month.

Did she provide clearly-defined expectations?

No.

The accommodation for clearly-defined expectations should provide exactly what it sound like: clearly-defined expectations.

For the student’s IEP or 504, the accommodation must be written as clearly as it is expected to be implemented.

Author: Callie Oettinger (page 17)