New Articles - Special Education Action

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.”

U.S. Dept. of Education Finds Nevada Department of Education at Fault for Noncompliance with IDEA; USDOE Issues Differentiated Monitoring and Support Findings

U.S. Dept. of Education Finds Nevada Department of Education at Fault for Noncompliance with IDEA; USDOE Issues Differentiated Monitoring and Support Findings Nevada Department of Education (NDE) was found to be in noncompliance with Individuals with Disabilities Education Act (IDEA). October…

Helpful Information from FCPS Lawyer John Cafferky, which You Won’t Find in VDOE’s “Parents’ Guide to Special Education Dispute Resolution”

In 2008, Virginia Department of Education (VDOE) issued “2008 Parents’ Guide to Special Education Dispute Resolution”, which included an acknowledgement to long-time Fairfax County Public Schools (FCPS) lawyer John Cafferky on a list of individuals who “contributed to the development of this document and/or who served as a reviewer.” Although VDOE released an update in 2010 under the same name, and then released a new guide (with the new title “The Virginia Family’s Guide to Special Education”) in late October 2023, neither mentioned input from Cafferky, nor did they include the input from Cafferky that is shared below. Hence, it seems fitting that the following advice from Cafferky be considered for a future edition.

The Language of IEPs and 504s: The Problem with “Engage”

Imagine an IEP with a goal along the lines of the following:

Teachers will engage with student to ensure student understands and accurately records all assignments in student’s planner.

Now imagine attending an IEP meeting at which this goal is being discussed. You push for more details, but the staff member helming the meeting insists that engage means the following:

“It’s not that they’re waiting for to come to them. They’re going to engage with .”

What could go wrong?

Virginia’s Noncompliance Continues; U.S. Dept. of Ed. Issues New Findings Documenting State’s Failures

Virginia’s Noncompliance Continues; U.S. Dept. of Ed. Issues New Findings Documenting State’s Failures U.S. Department of Education (USDOE) continues to find Virginia Department of Education (VDOE) in noncompliance with Individuals with Disabilities in Education Act (IDEA). July 18, 2024, USDOE’s…