Special Education Law Update
Special Education Case Appealed to the Supreme Court
The U.S. Supreme Court is being asked to take up a case centering on whether parents have the right to record meetings with their child’s school district about special education services.
Rejected:
504
No new regs, but updates to the HHS Fact Sheet:
New Title IX Regulations
Summary:
45th IDEA Annual Report to Congress
Autism Accounts for Growing Percentage of Students in Special Education
Need for Accessible Public Schools
Over 30 years after the ADA became law, many schools remain inaccessible to students with disabilities. The U.S. Department of Justice and the Department of Education have released a webinar recommending improvements for school facilities, following a GAO report from four years ago highlighting widespread accessibility issues.
The webinar, led by Justice Department architect Diane Perry, addresses common problems like doorways, steep ramps, and inaccessible restrooms, and provides solutions. Assistant Attorney General Kristen Clarke stressed the importance of accessibility for students, teachers, and the broader community, reaffirming the commitment to ADA enforcement to enhance school accessibility.
Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities
A Rule by the Justice Department on 04/24/2024
SUMMARY:
The Department of Justice issues its final rule revising the regulation implementing title II of the Americans with Disabilities Act (“ADA”) to establish specific requirements, including the adoption of specific technical standards, for making accessible the services, programs, and activities offered by State and local government entities to the public through the web and mobile applications.
DATES:
Effective date: This rule is effective June 24, 2024.
Compliance dates: A public entity, other than a special district government, with a total population of 50,000 or more shall begin complying with this rule April 24, 2026. A public entity with a total population of less than 50,000 or any public entity that is a special district government shall begin complying with this rule April 26, 2027.
Great History Lesson
Supreme Court outlawed segregation of disabled people 25 years ago. But change has come slowly
Veronica Ayala, an advocate for individuals with disabilities, recalls the trauma of her stay at the Moody State School for Cerebral Palsied Children. The 1999 Supreme Court Olmstead decision shifted from institutionalizing people with disabilities to integrating them into community settings. Despite progress with home and community-based services (HCBS), implementation is inconsistent, with ongoing legal battles and long waiting lists. Advocates are afraid potential political shifts could reverse these gains.
More on Olmstead
More News
New Resources for Educators
• NPR has initiated a series of stories on students with disabilities experience in the public education system post Covid.
• The Washington Post has released an analysis on disability rights in the U.S. education system
• The NEA, NCLD, and US Department of Education were featured on Washington Post live discussing educator shortages and special education.
D.C.v.Fairfax County School Board (23-1854)
Court of Appeals for the Fourth Circuit
This is a case about allegations that the Virginia Department of Education (VDOE) and local school district practices systematically deprived special needs students of their rights under the U.S. Constitution and the Individuals with Disabilities Education Act (IDEA). On September 21, 2022, a student with cognitive disabilities by his parents and Hear Our Voices, Inc. filed a class action suit on behalf of themselves and all others similarly situated in the United States District Court for the Eastern District of Virginia (Alexandria Division). The plaintiffs sued the Fairfax County School Board, the Superintendent of Fairfax County Public Schools (FCPS), VDOE, and the Superintendent of Public Instruction of the Virginia Department of Education under 42 U.S.C. § 1983, the Fourteenth Amendment, IDEA, and state laws.
https://www.courtlistener.com/docket/67698369/parties/dc-v-fairfax-county-school-board/
New Jersey
Special Education Families Win a Lawsuit Against the Education Department
On April 15, 2024 a U.S. District Court judge approved a settlement in a class action lawsuit between the New Jersey Department of Education and 5,000 families of New Jersey special education students. According to federal and state law, when parents disagree with the services offered to their children with disabilities, they can go to “due process” and an Administrative Law Judge (ALJ), has 45 days to render a decision. But in NJ, according to a 2018 report delivered to Gov. Phil Murphy, ALJ’s were taking between 212-312 days to reach a decision, far longer than the law allows, which the report called “a travesty of justice,” describing how “many students in New Jersey are left in limbo: in inappropriate placements, receiving inadequate services, or not being evaluated in order to determine their need for special education and related services.”
North Carolina
Proposal to revamp special education funding heads to NC lawmakers
North Carolina proposes a new funding model for special education, focusing on individual needs instead of a uniform amount per student. Currently, districts receive $5,300 per disabled student, capped at 13% of enrollment, which often results in inadequate funding.
The new plan eliminates the cap and introduces three funding levels based on need severity. This would provide more funds for higher-need students and potentially less for those with lower needs. Although not yet a bill, the proposal has growing legislative support.
This change aims to address the current model’s inadequacy and ensure equitable funding across the state, reflecting progress in addressing special education funding challenges.
Louisiana
Cameras in All Louisiana Special Ed Classrooms
Louisiana’s House Bill 153 mandates the installation of video cameras in special education classrooms within 90 days of a parent’s request. Despite state funding in 2022, many schools haven’t complied. The bill, approved by the Senate Committee on Education, requires schools to report compliance violations and special education performance, mandates special education policy training for school board members, and sets a two-year window for parents to request hearings on disputes. It also directs the state Board of Elementary and Secondary Education to create rules for early resolution of non-adversarial disputes. The bill awaits full Senate approval and the governor’s signature.
Connecticut
Connecticut Special Education
Parents of students with disabilities attend annual meetings with school district leaders to discuss their children’s progress and updates to their individualized education plans (IEPs). Despite state guidelines asserting parents as equal members of the Planning and Placement Team (PPT), many parents and experts feel otherwise, describing the meetings as confrontational and dismissive of parental concerns. Parents report feeling belittled or intimidated, leading to a lack of true partnership and transparency. Lawyers and advocates argue that the issue lies with local administrators rather than classroom educators, creating a strained and unequal dynamic. The Connecticut Department of Education acknowledges the importance of communication but parents and stakeholders call for more meaningful engagement, better training, and transparency to address these systemic issues.
NEWS
CADRE Published a great piece about special education teachers testifying in due process hearings.
“I Didn’t Sign Up For This!”: Considering The Impact of Due Process On Teachers
NPR Story
Why children with disabilities are missing school and losing skills
https://www.npr.org/2024/05/15/1247795768/children-disabilities-special-education-teacher-shortage
NPR Story
ADHD diagnoses are rising. 1 in 9 U.S. kids have gotten one, new study finds
Illinois School Districts Sent Kids to a For-Profit Out-of-State Facility That Isn’t Vetted or Monitored
https://www.propublica.org/article/illinois-shrub-oak-schools-students-special-education
Two years ago, Illinois lawmakers changed state law to allow public funding for students to attend special education boarding schools, including unvetted and unmonitored out-of-state institutions. As a result, districts can now send students to these schools, which lack oversight from both Illinois and the states where the schools are located, leading to issues such as abuse, neglect, and unverified staff qualifications. One notable case is Shrub Oak International School in New York, where numerous Illinois students attend despite the school having no approval or oversight, resulting in districts paying exorbitant fees with minimal accountability for the students’ education and welfare.
Ed Department Sees Jump in Disability Discrimination Complaints in Schools
Complaints of disability discrimination in U.S. schools hit a six-year high in 2023, with 6,749 complaints, up from 6,390 in 2022, according to the Department of Education’s Office for Civil Rights (OCR). Overall, the OCR received a record 19,201 complaints and resolved 16,448 cases.
The most common issues were related to the right to a free appropriate public education, different treatment, exclusion, denial of benefits, and retaliation. Denise Marshall of the Council of Parent Attorneys and Advocates linked the rise to inadequate state oversight. Disability and civil rights groups are calling for increased funding for the OCR to manage the growing number of complaints.
Podcasts
https://99percentinvisible.org/episode/autism-pleasantville/
A few years ago, journalist Lauren Ober was diagnosed with autism and created a podcast called The Loudest Girl in the World, where she imagined a world tailored to her specific autistic needs, dubbing it “Autism Pleasantville.” She explored how design can accommodate autistic individuals and found an example in Mesa, Arizona, which implemented an autism inclusion program with various autism-friendly activities and professional development, though the effectiveness of these accommodations remains questionable and highlights the need for integrating autistic needs into the design process from the start.
The Struggle to get Proper Instruction for Students with Dyslexia in New York City
Jessica Gould, Education reporter for WNYC and Gothamist, recounts one family’s year-long battle with New York City’s Department of Education to help their child receive the specialized instruction required while growing up with dyslexia.
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