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
Virginia Remains Outlier as U.S. Dept. of Education Announces Close-Out of Monitoring in Arizona, Delaware, Florida, Hawaii, and Arizona
USDOE announced monitoring of Hawaii in 2019; of Arizona, Florida, and Virginia in 2020; and of Delaware in 2021. USDOE closed out monitoring of four of the five states within one-to-three years.
In the case of Virginia, it is on track to take more than three years to come into compliance with Individuals with Disabilities in Education Act (IDEA).
U.S. Dept. of Education Issues Two New Policy Letters: Addresses Rights of Students Who Have Graduated & Implementation of Early Childhood Transition Requirements
POLICY LETTER: March 2, 2023, to Oettinger
POLICY LETTER: March 17, 2023, to Nix
Perez v Sturgis: Supreme Court Rules 9-0 in Favor of Michigan Student Who Was Denied Appropriate Special Education
Today, just two months after oral arguments were presented, Justice Gorsuch delivered the opinion of the Court, which had to decide 1) whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile, and 2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA.
The case was based on the experiences of Miguel Luna Perez, who was denied a Free Appropriate Public Education (FAPE) for years while attending Sturgis (Michigan) Public Schools (SPS). For 12 years, SPS advanced Miguel Luna Perez from grade to grade and inflated his grades to the point he repeatedly made honor roll, even though he couldn’t read or write—and then just before graduation told his family he would receive a certificate of completion but not a high school diploma.
Office for Civil Rights vs. Virginia Dept. of Ed: Two Agencies, Two Investigations, Two Very Different Outcomes, Part I
In 2022, Office for Civil Rights (OCR) found FCPS at fault for years-long systemic noncompliance, based on some of the very allegations filed in the 2020 systemic complaint.
What happened? How could VDOE make a finding of compliance in 2020, while OCR made a finding of noncompliance in 2022?
The answer: VDOE failed to investigate credible allegations of noncompliance and failed to comply with 300.152(4), which requires it to “review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or of this part”, and FCPS withheld information.
FCPS Reports List 400+ Special Education Violations; VDOE Refuses to Investigate
As I type this, oral arguments for the case Perez v Sturgis are being held in the Supreme Court. Reading about Sturgis Public Schools’ failures to address the unique needs of Miguel Luna Perez is both heartbreaking and horrifying. It is a reminder, too, that the special education system is broken. The recourse offered isn’t adequate and the agencies and individuals responsible for holding state and local education agencies accountable continuously fail children themselves.
Almost five years ago, the Virginia Department of Education refused to investigate 400+ cases of noncompliance in Fairfax County Public Schools. To date, that hasn’t changed. The article below was written in 2020, a month after the United States Department of Education released a Differentiated Monitoring Support letter on Virginia. VDOE had 90 days to come into compliances. Almost three years later, the noncompliance continues, as does USDOE’s failure to hold VDOE accountable and VDOE’s failure to hold FCPS and other counties state-wide accountable for their noncompliance. November 30, 2022, Office for Civil Rights found FCPS in massive noncompliance, yet even as it was investigated, even as it negotiated its resolution agreement with OCR, and even as its findings released, FCPS continued its noncompliance—and VDOE has remained silent.
The Language of IEPs and 504s: Yes, You Have to Define “Accessible”
If something is accessible, it is often an alternative method of access.
For example, a student might need a ramp and an elevator as alternatives to the stairs used by his peers.
Another student might need Braille or large text as an alternative to the text provided to her peers.