Special Education Action is a 501(c)3 nonprofit publisher covering special education.
Its mission is to ensure parents, educators, and students have the information and tools necessary to fully understand, address, and safeguard the unique needs of all students who require special education.
Recent Articles
Students Must Meet These Requirements to Qualify for Special Education
Are your child’s struggles and your gut feeling enough for your child to qualify for special education?
No. However, your gut feeling and your child’s struggles shouldn’t be discounted either.
FCPS Knows Its IEPs Are Noncompliant, Leads Hearing Officer, Virginia Dept. of Ed., Staff, and Parents to Believe Otherwise
September 14, 2022, Michelle and Dawn admitted FCPS’s IEPs are in noncompliance with IDEA and state regulations, that FCPS was changing the PLOP page in the IEP to a Present Level of Academic Achievement and Functional Performance (PLAAFP) page, and moving meeting notes to a different section. This contradicts Dawn’s 2020 testimony to Due Process Hearing Officer Rhonda Mitchell.
U.S. Department of Education Releases Update on Arkansas Monitoring; Noncompliance Continues in 8 out of 9 Areas Identified
Although OSEP characterizes such letters as “close-out” letters, they are more status reports than close-out letters, since the latter infers close-out of all monitoring, rather than one of nine issues being closed out in this case, with eight of nine remaining in noncompliance.
Office for Civil Rights Opens Investigation Into Virginia Department of Education; Did VDOE’s COVID-19 Guidance Lead School Divisions to Deny FAPE to Students Who Have Disabilities?
June 7, 2003, Case No. 11-23-4044:
“Complainant alleged that VDOE discriminated against students with disabilities by failing to provide an audio the accommodation for a Standard of Learning (SOL) reading and writing field test assessment for the 2022-2023 school year.”
June 9, 2003, Case No. 11-23-4004:
“Whether the VDOE’s guidance regarding the provision of special education and related services during the COVID-19 pandemic led school divisions to deny FAPE to students with disabilities.”
What Are U.S. Dept. of Education Determinations and Why Do You Need To Know About Them?
Look to U.S. Department of Education Office of Special Education Program’s annual “determinations” for answers.
Every year, states and “entities” are required to evaluate their implementation of IDEA and submit their State Performance Plan and Annual Performance Report (SPP/APR) to USDOE, which subsequently releases determination letters based on SPP/APR in response. There’s a two year lag, so the 2023 determination letters, as an example, reflect the 2021 SPPs/APRs submitted by the states and entities, and provide the determination and basis for determination based on the 2021 period.
U.S. Dept. of Education Releases 2023 Determination Letters; Virginia Failed to Meet Requirements, While States Like Alabama Climbed Out of Years of “Needs Assistance” Determinations
While a few states improved their performance, others continued to fail.
In 2023, 23 states or entities met requirements, as compared to 22 in 2022; six states need assistance (one year) in 2023, compared to 3 in 2022; 29 need assistance (two or more consecutive years) in 2023, compared to 35 in 2022; and two states need intervention in 2023, compared to zero in 2022.