Special Education Action's 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

Can I File Due Process or a Complaint Against a State Education Agency?

Question:

Can I file a due process hearing and/or complaint against a state education agency (SEA)?

Answer:

If your child has an Individualized Education Program (IEP), you can file a due process hearing and/or complaint against an SEA.

What Documents and/or Regulations Support this Answer?

State Complaint Filed Against VDOE; VDOE Finds Itself in Noncompliance

November 26, 2024, Virginia Department of Education (VDOE) issued a letter of finding in which it found itself in noncompliance with Individuals with Disabilities in Education Act (IDEA). The finding followed a complaint filed against the state agency.

Although the noncompliance isn’t earthshattering in nature, the finding is significant for a few reasons.

Reading Gap Widens in Virginia; Governor Youngkin Admits “Reading is Really Not Picking Up”; No Plan for Struggling Older Students

January 29, 2025, National Center for Education Statistics (NCES), released data from the National Assessment of Educational Progress (NAEP), also known as the “Nation’s Report Card.” In addition to nationwide reading scores continuing the decline started in 2019, gaps between students with and without disabilities increased.
NCES Commissioner Peggy G. Carr said, “Overall, student achievement has not returned to pre-pandemic performance . . . Where there are signs of recovery, they are mostly in math and largely driven by higher-performing students. Lower-performing students are struggling, especially in reading.” Governor Glenn Youngkin and Superintendent of Public Instruction Lisa Coons confirmed this to be the case for Virginia, too.

Nation’s Report Card Released; Student Decline Can No Longer Be Blamed on COVID

Student decline can no longer be blamed on the COVID pandemic.

Data released today by National Center for Education Statistics (NCES) supports that the decline in reading and math that started pre-COVID was compounded by the pandemic, and then continued downward despite the millions of dollars funneled to schools nationwide to address COVID-era learning loss. The data collected by NCES was included in the National Assessment of Educational Progress (NAEP).

Office for Civil Rights Releases Report Describing OCR’s Enforcement Record During Biden-Harris Administration

“Office for Civil Rights’ new report, Protecting Civil Rights:  Highlights of Activities, Office for Civil Rights 2021-25”, covers OCR’s enforcement records during the Biden-Harris Administration. According to OCR, this period marked the “most productive four years in history” and marked a dramatic decline in staffing.