If you see anything that should be included, please let me know at DavidBateman@me.com

1. Supreme Court Rulings

• Supreme Court Ruling May Upend Disability Rights Protections
• The Supreme Court’s Loper Decision: Preliminary Conclusions

2. Federal and State Compliance

• More States Failing To Meet Special Education Requirements
• Michigan Officials Deny Claims State Failed Students with Disabilities During COVID

3. Title IX and Discrimination

• Resources to Help Schools Prepare for 2024 Title IX Regulations
• Increase in Discrimination Complaints for Students with Disabilities
• DOJ Settlement with Kansas School District Over Discriminatory Practices

4. Charter Schools and Special Education

• Charter Schools Are Failing Students With Disabilities

5. Federal Funding and Policy Changes

• House Committee Proposes 25% Cut to Title I

6. Scientific Advances and Research

• Autism Diagnosis Potentially Through Stool Sample
• Possible Cause of Autism Identified

7. Impact of COVID-19 on Education

• Students Still Losing Ground Four Years After COVID

8. Special Education Practices and Policy Implementation

• Disneyland Guest Denied Disability Access Pass Speaks Out
• Navigating Fast-Changing Special Ed Policies

9. Investigative Reports and Legal Actions

• Investigative Report on School Funding and Abuse
• Former Special Education Teacher Sues Lansing School District

10. 10.Teacher Shortages and Staffing Issues

• Addressing the Shortage of Special Educators

Supreme Court Ruling May Upend Disability Rights Protections, Advocates Fear

Countless federal regulations ensuring the rights of people with disabilities could face legal challenges after the U.S. Supreme Court overturned a 40-year-old precedent. The recent ruling in Loper Bright Enterprises v. Raimondo ends the court’s deference to federal agency interpretations of ambiguous laws, established by the 1984 Chevron v. Natural Resources Defense Council decision. Chief Justice John G. Roberts Jr. stated that courts must now independently determine if an agency has acted within its statutory authority. Advocates fear this could lead to numerous lawsuits challenging regulations protecting the disabled, impacting laws like the ADA and IDEA. This shift may undermine progress in disability rights, with agencies becoming more cautious in crafting regulations. Experts worry the voices of those most knowledgeable about disability-related rules may be overlooked in the legal process.

The Supreme Court’s Loper Decision: Preliminary Conclusions

On June 28, 2024, the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo overruled the Chevron doctrine, now requiring independent judicial judgment on agency statutory authority. This affects IDEA and Section 504/ADA adjudication, not enforcement mechanisms or policy interpretations. The impact will vary based on the frequency of challenges and the nuanced difference between Chevron and Loper. Immediate effects are likely overstated, with notable changes limited to occasional IDEA or Section 504 regulations.

See also:

Ed Department: More States Failing To Meet Special Education Requirements

https://www.k12dive.com/news/states-need-special-education-assistance-IDEA/719816/

States are increasingly struggling to meet their obligations under the Individuals with Disabilities Education Act (IDEA). Only 20 states “meet requirements” for serving students with disabilities, according to the U.S. Department of Education’s 2022-2023 review. The rest are labeled “needs assistance,” including 25 states and Washington, D.C., for at least two consecutive years. This can lead to enforcement actions like mandatory technical assistance.

States that met requirements include Alabama, Connecticut, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, Pennsylvania, Texas, Virginia, Washington, Wisconsin, and Wyoming.

For programs serving infants and toddlers with disabilities, 29 states met requirements, two needed intervention, and the rest needed assistance. Detailed performance data will be released in August.

U.S Department of Education Issues Resources to Help Schools Prepare for 2024 Title IX Regulations

As schools prepare to implement amended Title IX regulations on August 1, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) released new resources today to support schools in those efforts. The resources are:

• Title IX Regulations: Pointers for Implementation, which supports schools by listing key components of the 2024 Title IX regulations so schools that are preparing to implement these amended Title IX regulations are ready when the final rule goes into effect on Aug. 1, 2024. https://www2.ed.gov/about/offices/list/ocr/docs/pointers-for-implementation-2024-title-ix-regulations.pdf
• A Video on Drafting Nondiscrimination Policies, Notices of Nondiscrimination, & Grievance Procedures under the 2024 Title IX Regulations, to highlight information in a previously issued resource to help schools draft, adopt, and implement policies and procedures that are required under the 2024 Title IX regulations. https://www.youtube.com/watch?v=PcKNMB0eJDw

Report: Charter Schools Are Failing Students With Disabilities

Research by the Center for Learner Equity highlights alarming findings for state education leaders and charter school supporters. Over two years, the study revealed that charter schools do not outperform district-run schools in providing high-quality special education services. This failure undermines the charter sector’s mission to serve historically underserved students. Executive Director Lauren Morando Rhim notes that while charter schools succeed with children of color and low-income kids, they fall short for students with disabilities.

House committee approves 25% cut to Title I

The House Appropriations Committee has proposed a 25% cut ($4.7 billion) to Title I funding for low-income schools in fiscal year 2025, which Democrats argue could eliminate 72,000 teaching positions. Republicans cite declining test scores despite increased funding. The overall education budget is set at $72 billion, 11% below FY 2024 levels. Key proposals include increases for special education, charter schools, and CTE, while maintaining Pell Grant funding. Senate appropriators have not yet released their plan.

Autism could be diagnosed with stool sample, scientists say

https://www.theguardian.com/science/article/2024/jul/08/autism-could-be-diagnosed-with-stool-sample-microbes-research

Scientists have found consistent differences in gut microbes between those diagnosed with autism and those who are not identified as having autism, potentially leading to a cheap and simple stool test for early autism diagnosis. Current diagnosis methods are lengthy, often taking years. The study, involving 1,627 children, identified specific microbes and metabolic pathways altered in autistic children, achieving up to 82% diagnostic accuracy with machine learning. This finding could enhance diagnostic methods and lead to personalized treatments.

Scientists May Have Discovered the Cause of Autism

https://www.newsweek.com/autism-risk-umbilical-cord-fatty-acids-1932107

Researchers from the University of Fukui found a potential link between polyunsaturated fatty acids (PUFA) in umbilical cord blood and autism spectrum disorder (ASD) severity in children. They identified the compound diHETrE, which may influence ASD symptoms. Higher levels of diHETrE were linked to social interaction difficulties, while lower levels correlated with repetitive behaviors, particularly in girls. Despite these findings, experts like Harvard’s James McPartland emphasize the need for further research. This study’s significance lies in generating hypotheses for future studies rather than providing immediate diagnostic or preventative solutions for ASD.

Four years after covid, many students still losing ground

https://www.washingtonpost.com/education/2024/07/23/covid-test-scores-learning-loss-absenteeism/

Initial optimism about academic recovery from COVID-19 has faded, with new research indicating worsening student performance gaps. Data from tests in winter and spring 2024 reveal increased disparities compared to pre-pandemic levels, particularly among older students. The expiration of federal COVID relief funds exacerbates concerns. Experts link the decline to challenges in addressing both missed and current material, along with rising absenteeism. Despite varied findings, the consensus highlights significant setbacks, especially in math and reading for middle and high school students.

More students with disabilities are facing discrimination in schools

https://www.npr.org/2024/07/05/nx-s1-4993770/more-students-with-disabilities-are-facing-discrimination-in-schools

The Department of Education has received a record number of discrimination complaints, including from families of students with disabilities. Some families are waiting months, even years, for help.

Disciplinary measures used by Kansas’ largest school district discriminated against Black and disabled students, DOJ says

https://www.cnn.com/2024/07/03/us/kansas-school-district-justice-department-settlement/index.html

The largest public school district in Kansas will revise its disciplinary practices following a settlement with the US Justice Department. The Wichita Public Schools district was found to discriminate against Black and students with disabilities. Changes include ending seclusion, reforming restraint practices, and stopping law enforcement referrals for routine discipline. The district must create an oversight office, standardize dress codes, and provide compensatory education and counseling for affected students.

Michigan officials deny claims state failed students with disabilities during COVID

Michigan education officials asked the U.S. Department of Education to dismiss claims that the state violated federal rights of students with disabilities during COVID-19 school shutdowns. An investigation by the Office of Civil Rights found that many students with disabilities did not receive required services and instruction, and the state provided incorrect guidance. Michigan denied wrongdoing and has not complied with corrective actions. An OCR response to Michigan’s legal filing is expected soon.

Disneyland Guest with Guillain-Barré Syndrome Who Was Denied Disability Access Pass Speaks Out

https://people.com/disney-fan-guillain-barre-syndrome-denied-das-pass-disneyland-8674672#:~:text=Charisma%20Mangahas%2C%20who%20has%20Guillain,assess%20guests’%20health%20conditions%20individually.

Charisma Mangahas, who has Guillain-Barré syndrome, spoke out about being denied Disney’s Disability Access Service (DAS) pass under new guidelines. She suggested Disney offer an annual “Lightning Lane” pass for a fee to help disabled guests skip lines. Mangahas shared her experience and proposal in a TikTok video, which has received over 1.7 million views. Disney’s updated DAS policy, effective since June 18, now limits eligibility to those with developmental disabilities.

Special Ed. Policies Can Change Fast. Districts Can Help Families Navigate Them

Several states have raised the maximum age for special education services to 22, driven by evolving legal interpretations of federal law. This extension helps families by offering additional time for students to learn life skills and transition to adult services. However, states like Pennsylvania have faced legal challenges, creating uncertainty for districts and families. Schools should communicate transparently, prepare families for possible changes, and plan early for post-school transitions to navigate these complexities effectively.

Two Reporters Covering Education in the Midwest Followed the Money … to a School in New York

https://www.propublica.org/article/illinois-public-money-shrub-oak-school

ProPublica journalists uncovering severe issues like abuse, understaffing, and medical neglect. Illinois law allows funding for students to attend Shrub Oak without providing oversight, exposing them to risks. Despite mixed responses from families, some states are re-evaluating their placements at Shrub Oak. ProPublica’s reporting has revealed significant lapses in oversight and certification, as only 11 out of 30 listed staff members are certified special-education teachers. The New York Education Department has rejected the school’s amended filing, and further state intervention remains uncertain.

Where are All the Special Educators?

https://www.educationnext.org/where-are-all-the-special-educators-teacher-shortage/#:~:text=Yes, there is a shortage,you to the same conclusion.

There is a shortage of special education teachers in America’s public schools. In the 2023–24 school year, over half of districts and 80 percent of states reported this shortage. Annually, approximately 46,000 special education teachers leave their positions, while fewer than 30,000 new teachers are trained to replace them. The demand for special education teachers has increased due to better identification of students needing services and inclusive education policies, outpacing the supply of new teachers. Addressing this shortage requires focusing on both supply and demand. Policymakers should consider financial incentives, such as stipends, and support models like team-based staffing to retain and attract teachers. Additionally, understanding the specific demands of the special education labor market and providing adequate support and training for these teachers are crucial steps in solving the persistent shortage.

Former special education teacher sues Lansing School District

https://www.wlns.com/news/former-special-education-teacher-sues-lansing-school-district/

Danielle Hovenkamp, a former special education teacher, has filed a lawsuit against Lansing School District, alleging neglect of students needing disability accommodations. Her lawyer, Liz Abdnour, claims the district has ignored IEP requirements, including extended time for assignments and one-on-one aides. Hovenkamp observed teachers not providing necessary accommodations and administrators falsifying service logs. After reporting these issues, she faced retaliation, including increased workload and reassignment, prompting her departure. The district has not commented on the lawsuit. Education experts advise parents to ensure their children receive appropriate classroom support and to discuss concerns directly with teachers.