Olmstead v. L.C. (1999) was a landmark U.S. Supreme Court decision that established that unnecessary segregation of people with disabilities is a form of disability discrimination under Title II of the Americans with Disabilities Act (ADA). The case involved two women, Lois Curtis (L.C.) and Elaine Wilson (E.W.), who had […]
As we previously reported, on Tuesday, June 7, the Trump administration announced that the Office of Special Education and Rehabilitative Services (OSERS) in the US Department of Education would be moved to the Department of Health and Human Services. Additionally, an office within OSERS, the Office for Civil Rights (OCR), […]
Critical Questions Districts and IEP Teams Must Address Artificial intelligence (AI) tools are rapidly finding their way into special education practice. Teachers and administrators, often overwhelmed by documentation demands and growing caseloads, may view AI as a promising way to reduce paperwork and generate present levels of academic achievement and […]
On Tuesday, June 7, the Trump administration announced that the Office of Special Education and Rehabilitative Services (OSERS) in the US Department of Education would be moved to other federal agencies. OSERS, which administers programs for students with disabilities and provides oversight and guidance to ensure that states follow the […]
School districts should treat devices such as Ray-Ban Meta Smart Glasses and similar wearable AI-enabled glasses the same way they treat cell phones or unauthorized electronic testing aids during state assessments. The issue is no longer just texting or internet access. These devices can: That creates both test security concerns […]
The Fourth Circuit’s decision in D.C. v. Fairfax County School Board, No. 23-1854 (4th Cir. 2026), is a direct and unambiguous reminder of a principle that continues to control special education litigation: if the substance of a claim is the denial of a Free Appropriate Public Education (FAPE), the Individuals with […]
The National Disability Rights Network (NDRN) is a nonprofit organization that is the largest legal advocacy for persons with disabilities in the U.S. In January, 2022, NDRN published “Out of the Shadows: Informal removals of children with disabilities.” We believe that this booklet should be required reading for all teachers […]
Special education leadership right now feels like triage. Backlogs. Staffing gaps. Compliance pressure. Parent concerns. Escalating needs. And all of it happening while you’re trying to build systems that actually work. If you’re a special education director, coordinator, or district leader, you don’t need more theory. You need structure. Tools. […]
District Decision Tree: Cell Phone Bans & Students with Disabilities Purpose:To ensure any cell phone restriction complies with IDEA, Section 504, and ADA, preserves access to FAPE, and avoids predictable legal exposure. For every student who needs an exception, there should be a meeting. If the student is on an IEP, […]
This is part one of a two-part blog post on cell phone bans. This part talks about all the ways cell phones are used as assistive technology. Part two, which is in the process of being written, will describe a decision tree for districts on how to determine if a […]
The confusion here is far more conceptual than legal. Short answer: No. IDEA does not require that an “AT evaluation” or “AT assessment” be listed as a discrete item on a Permission to Evaluate (PTE) or Permission to Reevaluate (PTR) in every case. A district is not out of compliance simply because it uses a consultation-based, […]
At the SpedLawBlog North compound, we’re feeling generous and are sharing materials for those who teach special education law. For everyone else, the video listed as #5 below is well worth your time—at a minimum, watch that. In June 2025, the U.S. Supreme Court issued a unanimous decision in A.J.T. v. Osseo Area […]
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