New Articles - Special Education Action

U.S. Dept. of Justice Files Suit Against Maine for Unnecessarily Segregating Children Who Have Disabilities

The U.S. Department of Justice (DOJ) filed a lawsuit against the state of Maine Monday, September 9th, alleging that the state “is unnecessarily segregating children with behavioral health disabilities in hospitals, residential facilities, and a state-operated juvenile detention facility.”

DOJ claims “Maine administers its behavioral health service system for children in a manner that gives the families and guardians of these children no meaningful choice other than institutions.” The result is hundreds of children segregated from their communities, “miss the chance to wake up in their own beds, to develop bonds with family and friends, and to go to school with their siblings and peers.”

Students with Disabilities Arrested and Referred to Police at More Than Double the Rate of Students without Disabilities

Students with Disabilities Arrested and Referred to Police at More Than Double the Rate of Students without Disabilities A new report from Government Accountability Office (GAO) details the findings of GAO’s investigation of U.S. Department of Education (USDOE) Office for…

Office for Civil Rights Finds Colonial School District Failed to Provide Equal Access to High Rigor Coursework to Students with Disabilities; Discrepancy in Data Reporting Identified

Office for Civil Rights Finds Colonial School District Failed to Provide Equal Access to High Rigor Coursework to Students with Disabilities; Discrepancy in Data Reporting Identified July 18, 2024, Office for Civil Rights (OCR) released the findings of its investigation…

OCR guidance on cancer, epilepsy, and sickle cell disease

Office for Civil Rights Addresses Cancer, Epilepsy, Sickle Cell Disease; Issues Guidance on Medical Conditions Triggering Protections Under Section 504

June 20, 2024, Office for Civil Rights released individual guidance on when cancer, epilepsy, and sickle cell disease trigger protections under Section 504, what kind of modifications an educational institution may need to take to avoid unlawful discrimination, and what an institution may need to do to remedy past discrimination.

In addition, they provide descriptions of the medical conditions and examples of how the conditions can affect a student’s experience in school.

Justice Department Finds Fulton County School District Failed to Prevent and Respond to Sexual Assault of Students Who Have Disabilities

June 24, 2024, U.S. Department of Justice Civil Rights Division (DOJ) released the findings of its investigation into, and resolution agreement with, Fulton County School District (Georgia), addressing violations of Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act (ADA) and the Equal Educational Opportunities Act of 1974.

DOJ determined Fulton County Schools “failed to adequately train its employees on responding to student-on-student Sexual Misconduct and lacked clearly defined policies and procedures (including with respect to roles and timelines) for investigating student-on-student Sexual Misconduct and for considering the impact of a student’s disabilities on their ability to consent to sexual activity during such investigations; and failed to offer students adequate supportive measures, ensure that students’ disabilities are effectively accommodated, and effectively communicate with students and their families.”

Justice Department Finds Utah at Fault for Failing to Provide Effective Transition Services

June 18, 2024, U.S. Department of Justice Civil Rights Division (DOJ) released the findings of its investigation into Utah’s statewide violations of the Americans with Disabilities Act (ADA).

DOJ determined Utah is violating ADA “by unnecessarily segregating youth and adults with intellectual and developmental disabilities (I/DD) during the day, instead of helping them find work and spend their days in their communities.” In addition, it found that gaps in Utah’s transition service system put students transitioning out of children’s services “at serious risk for unnecessary segregation in these settings”, because the students “enter adulthood without the experiences or the services they need to live fully integrated adult lives.”

VDOE Finds FCPS at Fault for Systemic Failure to Implement IEPs; FCPS Must Address Delays in Providing Compensatory Education and Reimbursable Expenses

Fairfax County Public Schools (FCPS) is at fault for systemic failure to implement IEPs division wide.

A Letter of Findings (LOF) released today by Virginia Department of Education (VDOE) cites FCPS’ failures to provide compensatory education and reimbursable expenses in a timely manner consistent with IEP implementation regulations.

What Do Parents Need to Know?
In both cases, the reimbursable expenses and compensatory education are related to FCPS’ November 30, 2022, resolution agreement with Office for Civil Rights (OCR).

Although the findings address the families who joined the systemic complaint, neither VDOE nor FCPS can ignore noncompliance faced by other families.

17 Years of Independent Educational Evaluation Noncompliance: Virginia Department of Education Fails Students and to Perform Its General Supervisory Duties

For at least 17 years, Virginia Department of Education has failed to ensure compliance with IDEA and state IEE special education regulations.

During the last four years, VDOE has failed to ensure that all local education agencies statewide have implemented the changes required by U.S. Department of Education’s Office of Special Education Programs findings in its June 23, 2020, differentiated monitoring and support report on VDOE.

Category: New Articles (page 3)