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

Due Process Timeline

Per §300.500, each state education agency (SEA) “must ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of §§300.500 through 300.536”, which includes the due process timeline.

The timeline isn’t stated in one place, so the dates have been pulled from various sections, to provide a one-page rundown of deadlines that follow receipt of a due process complaint.

Why did HO Morgan Brooke-Devlin Work Out of the Office of Blankingship & Keith During a Due Process Hearing?

Due Process Hearings are supposed to be impartial—at least that’s what federal regulations state (See §300.511).

Does the Following Smell Neutral?

Virginia Hearing Officer Morgan Brooke-Devlin worked in a Blankingship & Keith office during a due process hearing for which she was assigned to be the hearing officer.

In addition to its lawyers being bcc’d on e-mails from teachers to students, Blankingship & Keith lawyers, among other things, represent school divisions during due process hearings.

Due Process Diaries: Don’t Let the School Division Get a Jump Start with Hearing Officers and Subpoenas

When you file for due process, request that you and the school division, and/or its counsel, be made aware of the hearing officer assigned to the hearing at the same.

While there is a regulated timeline for the assignment of hearing officers to due process hearings (see below), there aren’t federal statutes or regulations stating that the parent and school division be made aware of the hearing officer assignment at the same time.

Feel the Need to Include Judgement of an Advocate’s Skin Color in Your Legal Decision? You Might Be A Virginia Hearing Officer

Virginia Hearing Officer Frank Aschmann thought it appropriate to judge the skin color of a parent’s advocate, and include his judgement of his interpretation of her appearance in his due process decision.

Why?

FOIA Release: Compensatory Services and Governor Northam’s Staff; Please Tell Us Our Tax Dollars Didn’t Pay For This

Governor Northam’s office provided the document below, in response to a FOIA request.

It reads like a report modeled on a deflated balloon. “Full” isn’t a word to associate with it.

At this point in the game, states across the nation have been facing this topic since Spring 2020. Fingers crossed that a) more research is being done and b) that any related charges are minimal (or waived).

Save the Date: JLARC Live Presentation of Report on Special Education in Virginia

December 14, 2020, the Joint Legislative Audit and Review Commission (JLARC)—the oversight agency of the Virginia General Assembly—will present its report on Special Education in Virginia.

The report will be presented live. A dedicated YouTube link will be made available for public viewing of the live event. (link to come)