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

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.

Parents Sue Literacy Experts, Publishers, and Schools; Who is Responsible, How Far Will This Go, and Why Does Big Pharma Come to Mind?

December 4, 2024, two Massachusetts parents filed a lawsuit against literacy experts Lucy Calkins, Irene Fountas, and Gay Su Pinnell; Board of Trustees of Teachers College, Columbia University; Heinemann Publishing; HMH Education Company; Fountas and Pinnell, LLC; and The Reading & Writing Project at Mossflower, LLC.

The parents allege that the defendants “peddled” and “hawked” a “raft of products” and “defective goods and services” that were based on “unreliable, methodologically flawed” research, that they “attempted to boost their credibility by selling literacy assessments created to “validate” their own products.”

In Case You Missed It: U.S. Dept. of Education’s Functional Behavior Assessment Webinar

December 3, 2024, U.S. Department of Education (USDOE) held a webinar focused on using functional behavior assessments (FBA) to help shift from reactive exclusionary discipline to proactive support.

If you missed it, USDOE announced today it will be posting the recording of the webinar on its site with other resources and its new guidance document addressing FBA’s. It was an interesting session and won’t take but about an hour of your time to watch.

How to File a Privacy Violation Complaint

Imagine your school or someone in the school division violates the privacy of your child. 

Can you file a complaint? If yes, how? Parents and/or students who believe a student’s privacy has been violated under the Family Educational Rights and Privacy Act (FERPA), have a right to file a complaint. FERPA applies to all students. However, students who have IEPs have additional protection under Individuals with Disabilities Education Act (IDEA). Let’s explore both below.

Students’ Behavioral Needs are Focus of New U.S. Department of Education Guidance Document

U.S. Department of Education released a new guidance document to “help schools and early childhood programs better support students’ behavioral needs.”

The guidance document, “Using Functional Behavioral Assessments to Create Supportive Learning Environments”, focuses on supporting all students whose behaviors impact their learning, regardless of disability status.

Office for Civil Rights Issues Guidance to Ensure Artificial Intelligence is Used in Nondiscriminatory Manner

The Office for Civil Rights released guidance to ensure artificial intelligence (AI) is “used in a nondiscriminatory manner in the nation’s elementary and secondary schools and institutions of higher education consistent with federal civil rights laws.”
It's the Law

It’s the Law: Comprehensive Evaluations

Whether your child is receiving an initial evaluation for eligibility or being reevaluated at a later date, the evaluation must be a comprehensive evaluation.

In the case of initial evaluations, §300.301(a) of the Individuals with Disabilities Act (IDEA) is your go-to regulation:

Each public agency must conduct a full and individual initial evaluation, in accordance with §§300.304 through 300.306, before the initial provision of special education and related services to a child with a disability under this part.

Accommodation Breakdown: Extended Time

How is extended time determined? What amount of time is the correct amount?

There is no one-size-fits all answer. It depends on the student and it could depend on the class, too.

Any number of things could lead to students experiencing fatigue, headaches, eye strain, and/or other struggles that impact them as the day progresses.

IEP Progress Reports: What Should Be Reported Vs. What Is Reported

What should be in Individualized Education Program (IEP) progress reports and what actually is in IEP progress reports often are two different things.

Imagine it is time for your annual work review. Your employer presents a report that states you didn’t make progress, or didn’t make enough progress, toward your goals for the year. However, when you read the report, there’s no data backing your employer’s decision, nor is there a performance plan for moving forward. You don’t know why you didn’t progress and you don’t know what you need to do in order to progress.

The same issues occur with IEP progress reports.

Office for Civil Rights Releases New Guidance Document: “Equal Access to Elementary and Secondary Education for Students Who Are English Learners with Disabilities”

Office for Civil Rights Releases New Guidance Document: “Equal Access to Elementary and Secondary Education for Students Who Are English Learners with Disabilities” November 12, 2024, U.S. Department of Education’s Office for Civil Rights (OCR) released the new guidance document…

The Problems with Quarterly IEP Measurements

Whether it is a functional or an academic goal, waiting a quarter is waiting too long, because the goal might need to be adjusted sooner. Why not assess whether the goal needs narrowing or expanding as soon as possible?

I’ve never understood why Individualized Education Programs (IEP) include goals for quarterly measurements. As a parent, if my kids failed to do their chores for a week, I wouldn’t wait until the end of the quarter to assess the situation. Why wait an entire quarter to address a problem that’s clearly getting worse? Why not assess sooner and narrow the goal until it can be expanded in full—or expand the goal if the student achieves the goal sooner than expected?