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

Confidentiality and Access of Student Records

It’s the Law: Confidentiality and Access of Student Records

The Family Educational Rights and Privacy Act (FERPA) protects the confidentiality of student records and provides rights to parents and students to access those records.

Under the Individuals with Disabilities Education Act (IDEA) there are additional confidentiality and access protections.

This article includes a few examples of noncompliance, with which you might not be familiar, as well as your go-to regulations should you need them.

The Language of IEPs & 504s: Just When You Thought You Knew the Definition of “Assessment”, Wrong Again

In my world, an assessment is any kind of quiz, test, evaluation, etc., whether it is graded or not graded.

In IEP and 504 Plan worlds, assessments are interpreted as differently as a person might interpret a piece of poetry. Whereas one person might interpret Robert Frost’s “The Road Not Taken” to be about being an individual choosing a different path, marching to a different drummer, and so on, there are others who point to this understanding as nonsense, as the incorrect interpretation.

Who knew assessments could be the same way?

Fairfax County Public Schools Withheld Records from Office of Civil Rights; FCPS Didn’t Provide Full Response to OCR’s Investigation Data Request

Fairfax County Public Schools failed to provide the United States Department of Education Office of Civil Rights a full response to OCR’s request for data.

January 12, 2021, OCR launched an investigation into FCPS, for civil rights violations related to the COVID pandemic.

May 4, 2021, OCR submitted an “Initial Data Request Letter” to Superintendent Scott Brabrand, which has a focus on “what the Division has done to address any denial of free appropriate public education (FAPE) that has occurred for students with disabilities while the Division has offered remote learning in response to the pandemic.

FCPS failed to provide a full response.

UPDATE: Fairfax County Public Schools FOIA’d Parents’ Communications with Office of Civil Rights

Fairfax County Public Schools submitted an expedited FOIA request for parents’ communication with the U.S. Department of Education Office of Civil Rights, just a week after OCR sent FCPS clarifying information about its investigation of FCPS.

Accommodation Breakdown: Flash Pass

The flash pass accommodation is a life saver. Unfortunately, it wasn’t on my radar until middle school. It’s an accommodation I’d recommend for both older and younger ages.

What is a Flash Pass?

A Flash Pass allows a student to leave class without having to 1) ask permission or 2) provide an explanation.