October 2024 Special Education Law and Policy Update
Articles from September address critical issues affecting individuals with disabilities, including unfair labor practices, education inequalities, and barriers to accessing necessary care. The stories explore the impact of systemic challenges on workers with disabilities, students, and families, highlighting legal and ethical dilemmas. From the controversial subminimum wage for workers to challenges faced by students eligible for special education, there is a range of important information..
Table of Contents
- Some Disabled Workers in the U.S. Make Pennies Per Hour. It’s Legal.
- “I Don’t Want Him to Go”: An Autistic Teen and His Family Face Stark Choices
- Despite Law, Shortened School Days Still a Problem for Students in Special Ed
- Desperate Parents Turn to Magnetic Therapy to Help Kids with Autism. They Have Little Evidence to Go On
- School Cellphone Restrictions Prompt Disability Rights Concerns
- Creating Conditions for Success: How Districts Can Build and Sustain a Stronger and More Diverse Educator Workforce
- Wisconsin Superintendent Calls on Legislature to Increase Special Education Funding
- NYC Cracked Down on Private School Special Education Costs. Hundreds of Children Lost Services
- How Can Districts Control the Growing Costs of Special Education?
- At Least Three Vermont School Districts Warn Parents That Lack of Staff Will Prevent Adequate Special Education Services
- Parents Question Upstate School System’s Policy for Protecting Special Needs Kids
- Students in Special Education Continue to Face Setbacks from Pandemic
- Massachusetts is Tops for Special Ed, Say Feds
- Nationally, Black Girls Receive More Frequent and More Severe Discipline in School than Other Girls
- Michigan Department of Education Makes Another Push to Get Federal Civil Rights Case Thrown Out
- The Impact of a $10,000 Bonus on Special Education Teacher Shortages in Hawai’i
- Special Education Advocates File New State Complaint on Bus Service in Chicago Public Schools
- Just a Good Read: What a Blind Photographer Saw at the Paralympics
Some disabled workers in the U.S. make pennies per hour. It’s legal.
https://www.washingtonpost.com/wellness/2024/08/30/subminimum-wage-disabled-workers/
The Washington Post’s investigation reveals that tens of thousands of disabled workers in the U.S. are paid less than the federal minimum wage under the outdated 14(c) program, with some earning as little as 25 cents per hour. The program, originally designed to help disabled individuals transition to better-paying jobs, is riddled with oversight failures and abuses, leaving many workers stuck in low-wage positions for years. Despite federal mandates for job transition support, only 0.5% of workers move on to higher-paying roles annually. The investigation highlights systemic wage violations and a lack of accountability, prompting growing scrutiny and calls for reform.
I don’t want him to go’: An autistic teen and his family face stark choices
https://www.latimes.com/california/story/2024-08-27/autism-and-mental-health
Christine LyBurtus struggled to find proper care for her autistic son, Noah, who experienced severe psychotic episodes. After multiple psychiatric holds and limited support, Noah was placed in a residential facility, where Christine felt torn between relief and guilt. Despite his initial adjustment, Noah showed signs of wanting to return home. As Noah settled in, Christine faced financial challenges, having lost her primary income as his caregiver. The facility’s staff began discussing Noah’s future placement, raising fears that he might not return home. Christine grappled with the difficult choice between having Noah far away or risking a return to their previous, tumultuous life.
Despite Law, Shortened School Days Still A Problem For Students In Special Ed
In 2023, Oregon passed a law to prevent schools from reducing the school day for students with disabilities without parental consent. The law aimed to ensure that students like Brenna Legaard’s autistic son, who faced safety concerns due to behavioral issues, could still access a full public education. However, its implementation has been challenging. Some parents, like Legaard, felt forced to choose between their child’s safety and education, while others saw the law as a positive step forward. Critics argue that the Oregon Department of Education failed to provide sufficient support and oversight to districts, leading to inconsistent application of the law. Teachers and school staff struggled with the increased workload, while some districts complied, others used tactics to obtain parental consent. Despite these challenges, the law helped some families secure better educational placements for their children. Moving forward, the state aims to improve data collection and support for districts to ensure that all students can benefit from full-time education, although concerns remain about the adequacy of resources and training for special education staff.
Desperate parents turn to magnetic therapy to help kids with autism. They have little evidence to go on
Thomas VanCott, seeking help for his minimally verbal autistic son, Jake, tried a promising but unproven therapy called Magnetic E-Resonance Therapy (MERT). Marketed as a non-invasive treatment for autism, MERT costs around $9,000 and isn’t covered by insurance. While some families report improvements in their autistic children’s communication and behavior, others, including VanCott, saw no change. Despite the lack of conclusive scientific evidence, MERT clinics continue to market it based on limited studies. Experts warn that without large-scale, peer-reviewed research, the therapy’s effectiveness remains uncertain. Families often resort to crowdfunding or debt for the expensive treatment, hoping for breakthroughs that might not materialize.
School Cellphone Restrictions Prompt Disability Rights Concerns
As schools increasingly impose bans on cellphones and other devices, disability advocates are raising concerns about the potential impact on students who rely on assistive technology (AT). Smartphones, tablets, and smartwatches help students with disabilities in areas such as communication, scheduling, and note-taking. The Council of Parent Attorneys and Advocates (COPAA) warns that such restrictions may violate students’ rights under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
COPAA urges policymakers to ensure that device bans do not interfere with students’ access to necessary AT, as outlined in their IEPs or 504 plans. Schools must ensure that these policies do not limit a student’s access to educational content or accommodations. Additionally, COPAA emphasizes that parents should not bear the responsibility for compliance with new restrictions or face additional burdens ensuring their children receive needed AT.
Dan Stewart, from the National Disability Rights Network, notes that while no legal claims have arisen yet, device bans could obstruct IEP or 504 teams from considering essential AT options. He also warns of potential social stigma for students using devices in schools where bans apply to their peers, which could discourage the use of crucial tools.
Creating Conditions for Success: How Districts Can Build and Sustain a Stronger and More Diverse Educator Workforce
The report “Creating Conditions for Success: How Districts Can Build and Sustain a Stronger and More Diverse Educator Workforce” explores the importance of a diverse educator workforce in improving academic achievement, fostering inclusion, and reducing inequitable discipline. Through interviews with 30 education leaders, three key insights emerge: educators of color enhance school performance, promote equitable access to coursework, and reduce exclusionary discipline practices.
Challenges identified include financial barriers, difficult working conditions, and racial bias in education systems. However, promising developments are highlighted, such as addressing systemic bias, partnerships with higher education and the private sector, and increased awareness of the complex dynamics influencing the educator workforce.
To improve workforce diversity, the report outlines five critical steps: using data to emphasize diversity’s benefits, setting clear diversity goals, assessing inclusivity, investing in talent pipelines, and providing ongoing support for educators of color. These steps aim to make the educator workforce more reflective of the diverse student population it serves.
Wisconsin superintendent calls on Legislature to increase special education funding
State Superintendent Jill Underly called on the Wisconsin Legislature to double special education reimbursements to local school districts, which currently cover only about one-third of the costs. In her State of Education Address, Underly emphasized the need for the state to fund at least 60% of these legally mandated services, as many districts struggle to afford them. Special education funding has long been a contentious issue, with federal contributions far below the 40% authorized by the 1975 IDEA law. Additionally, Underly urged increased support for student mental health services and the release of $49.7 million in funding for the state’s literacy bill, which is currently stalled. She highlighted the importance of ensuring all students feel a sense of belonging in schools, stressing that fostering such an environment is critical to their success.
NYC cracked down on private school special education costs. Hundreds of children lost services.
Suzette, a Bronx mother, was shocked when New York City’s Education Department revoked special education services for her hearing-impaired daughter due to a missed June 1 deadline, despite years of receiving support. This sudden enforcement of the deadline, part of the city’s crackdown on rising costs and fraud, left Suzette scrambling to afford necessary services like speech therapy and a classroom aide. Many families share similar experiences, with special education services denied even for those meeting deadlines. Advocates argue the city’s actions harm vulnerable children while failing to address systemic issues, leaving families feeling punished and unsupported.
How can districts control the growing costs of special education?
The rising costs of special education are challenging school districts, as more students are identified for these services, increasing budget demands. Maggie Cicco from Georgetown University’s Edunomics Lab highlighted the need for districts to scrutinize their special education spending to ensure value, noting that increased spending due to staffing may not always lead to better outcomes. Special education enrollment grew from 6.4 million to 7.5 million students between 2012-23, but this increase hasn’t always improved academic results. Cicco cited New Mexico’s high rate of diagnosed learning disabilities without corresponding academic success. Staffing growth, especially in paraprofessionals, has driven up costs. However, Florida, with fewer special education staff, still outperforms many states. District leaders should align spending with clear outcomes and monitor effectiveness, Cicco advised. U-46 School District’s new fiscal equity budgeting approach requires annual evaluations to ensure programs meet set goals, with adjustments made if outcomes fall short.
At least 3 Vermont school districts warn parents that lack of staff will prevent adequate special education services
Several Vermont school districts, including Barre Unified Union, South Burlington, and Lamoille North, have warned parents that staffing shortages may prevent them from delivering the special education services outlined in students’ IEPs. Anastasia Douglas, a Barre parent, received such a letter the day before school started, informing her that her son would not receive necessary paraeducator support. Federal law mandates that schools provide a Free Appropriate Public Education (FAPE), and IEPs are legally binding. Despite acknowledging their obligations, districts are struggling to meet them due to staffing issues exacerbated by the pandemic. Some parents, like Jasmine Wible, are opting to homeschool their children, while others, like Douglas, are seeking mediation. Legal experts emphasize that districts must still fulfill their legal responsibilities, despite staff shortages.
Parents question Upstate school system’s policy for protecting special needs kids
Parents in Simpsonville, S.C., are raising concerns about Greenville County Schools’ safety measures after Lionel Cervantes, an 8-year-old autistic boy, ran away from Bells Crossing Elementary and was later found in a pond. His mother, Dalia Cervantes, is seeking justice and advocating for changes to prevent similar incidents. Other parents, like James Bello and Lauren Tricarico, share concerns for their autistic daughter’s safety as she prepares to enter school. In response, the district emphasized its commitment to supporting all students and is reviewing safety procedures. The state is also considering policies allowing tracking devices for students with special needs.
Students In Special Education Continue To Face Setbacks From Pandemic
The latest State of the American Student report highlights that post-COVID learning recovery challenges—such as absenteeism, staffing shortages, and academic setbacks—have disproportionately affected English learners and students with disabilities. Researchers, including Robin Lake of the Center on Reinventing Public Education, found the education system was already struggling for these populations pre-pandemic. The report calls for systemic reform, noting a surge in special education identification, with Black and Hispanic students particularly affected. Despite some recovery in math and reading, many students with disabilities and English learners continue to lag significantly behind their peers, raising concerns about equitable access to effective interventions.
Mass. is Tops for Special Ed, Say Feds
https://franklinobserver.town.news/g/franklin-town-ma/n/273405/mass-tops-special-ed-say-feds
Massachusetts’ Department of Elementary and Secondary Education (DESE) received the “Meets Requirements” rating for the sixth consecutive year from the U.S. Department of Education’s Office of Special Education Programs, the highest state rating. This recognition highlights Massachusetts’ dedication to providing equitable, high-quality education to students with disabilities. Key achievements include an over 80% graduation rate for students with disabilities and high participation in state assessments. Governor Maura Healey and state leaders praised educators and reaffirmed the state’s commitment to continuous improvement in special education services, supported by over $300 million in federal funding annually.
Nationally, Black Girls Receive More Frequent and More Severe Discipline in School than Other Girls
What GAO Found
Among girls, Black girls faced more and harsher forms of discipline than other
girls and had the highest rates of exclusionary discipline, such as suspensions
and expulsions. According to GAO’s analysis of the most recent Department of
Education data before the pandemic, in school year 2017–18, Black girls
comprised 15 percent of all girls in public schools but received almost half of
suspensions and expulsions. Further, GAO’s analysis of school year 2017–18
infraction or behavior data showed that Black girls received harsher punishments
than White girls even when the infractions that prompted disciplinary action were
similar. For example, Black girls had higher rates of exclusionary discipline
compared to White girls for similar behaviors such as defiance, disrespect, and
disruption. The data also show that in every state in the U.S., Black girls are
disciplined at higher rates. When they also had a disability, exclusionary
discipline rates of Black girls grew larger.
Michigan Department of Education makes another push to get federal civil rights case thrown out
The Michigan Department of Education (MDE) has requested a U.S. Department of Education administrative judge dismiss claims that it violated the rights of students with disabilities during COVID-19 school closures. The MDE questioned the authority of the Office of Civil Rights (OCR) and claimed the office had “scant allegations.” A federal investigation found that many students with disabilities were denied services they were entitled to, such as speech therapy, and have not received compensatory services. The OCR accused the MDE of issuing incorrect guidance and failing to designate a compliance officer. The MDE denies wrongdoing, while federal officials insist the agency must rectify the situation.
The Impact of a $10,000 Bonus on Special Education Teacher Shortages in Hawai’i
https://caldercenter.org/publications/impact-10000-bonus-special-education-teacher-shortages-hawai‘i
They studied the impact of a bonus policy implemented by Hawai‘i Public Schools starting in fall 2020 that raised the salaries of all special education teachers in the state by $10,000. They estimate the introduction of this policy reduced the proportion of vacant special education teaching positions by 32%, or 1.2 percentage points, and the proportion of special education positions that were vacant or filled by an unlicensed teacher by 35%, or 4.0 percentage points. The bonus policy did not have significant impacts on special education teacher retention; instead, the impacts of the policy were driven almost entirely by an increase in the number of general education teachers in the state who moved into open special education teaching positions. The effects of the bonus policy were also largest in historically hard-to-staff schools in which all teachers also received “tiered school” bonuses of up to $8,000. Hawai‘i therefore represents a unique but instructive case of how strategic financial incentives can help address special education teacher shortages.
Special education advocates file new state complaint on bus service in Chicago Public Schools
Chicago Public Schools (CPS) continues to struggle with providing transportation for students with disabilities, prompting special education advocates to call for the Illinois State Board of Education to resume monitoring the district’s services. Advocates argue CPS is violating federal law by failing to provide reliable transportation for students with disabilities as required by their Individualized Education Programs (IEPs). As of September 4, 2,226 students with disabilities were still awaiting bus routes. Previous state oversight was discontinued after the district made “sufficient progress,” but new complaints allege ongoing issues, including long wait times and inadequate responses from the district. CPS attributes the challenges to a bus driver shortage, exacerbated by the pandemic. The state board is investigating the situation, with advocates stressing the negative impact on students’ education and progress.
Just a Good Read
What a Blind Photographer Saw at the Paralympics
A legally blind journalism student from the University of Georgia, born with albinism, reflects on her journey to photograph the Summer Paralympics in Paris. Despite challenges like vision impairment and unfamiliar equipment, she developed her photography skills over time. Starting with photos of everyday objects, her interest grew, leading her to explore the visual world through her camera lens. Her perseverance led to an opportunity to cover the Paralympic Games, where she captured athletes defying expectations, just as she has done in photojournalism. An important moment came when she successfully photographed a surprise proposal at the Games.
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