New Articles - Special Education Action

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.”

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.

U.S. Department of Justice Secures Agreement with Maine; Agreement Marks “New Milestone” in DOJ’s Enforcement of ADA’s Integration Mandate

November 26, 2024, U.S. Department of Justice announced an agreement with Maine to address the lawsuit it filed against the state September 9, 2024,

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.

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?

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…

Office for Civil Rights Releases FAQ Guidance Focused on Privacy and Filing Complaints with OCR

November 14, 2024, U.S. Department of Education’s Office for Civil Rights released the new guidance document “Frequently Asked Privacy-Related Questions About Filing a Complaint with OCR”.

OCR states the document “is intended to respond to questions frequently raised to the U.S. Department of Education (Department), Office for Civil Rights (OCR) by individuals who file complaints and/or contact OCR for technical assistance.”

Idaho in Noncompliance Third Consecutive Year

Idaho in Noncompliance for Third Consecutive Year November 12, 2024, Valerie Williams, Director of U.S. Department of Education’s Office of Special Education Programs (OSEP) announced that OSEP issued another Differentiated Monitoring and support (DMS) letter and report to Idaho State…

Office for Civil Rights Has “Serious Compliance Concerns” with St. Johns County School District’s (FL) Restraint and Seclusion Practices; School Division Enters Into Resolution Agreement with OCR

One St. Johns County School District (FL) student was restrained 119 minutes. However, the restraint summary the division provided to U.S. Department of Education’s Office for Civil Rights (OCR) for the student stated “restraints he experienced lasted as long as 35 minutes” even though the incident reports “recorded a restraint lasting five times longer—119 minutes.”