November 2024 Update

The U.S. Department of Education (ED) supports schools and colleges affected by natural disasters, offering resources through the Office of Elementary and Secondary Education (OESE) and specialized centers like the National Center for Homeless Education and the Disaster Recovery Unit. Additionally, mental health resources are available for affected communities through agencies like SAMHSA and the CDC.

In special education, recent cases highlight systemic issues. A North Carolina mother advocates for her son with autism, restrained by school staff, underscoring the need for better-trained educators. Similarly, the Florida OCR agreement limits student restraint, requiring staff training to improve outcomes. Meanwhile, lawsuits in Illinois and New York address failures in providing adequate support, leading to chronic absenteeism and unmet needs for incarcerated youth and students labeled as emotionally disturbed.

Across the U.S., staffing shortages in special education persist, as districts struggle to attract qualified personnel. Challenges in funding further compound these issues, particularly with Texas reducing Medicaid allocations, straining resources for special education services. These cases underscore the ongoing need for reform and resources to support students with disabilities adequately.

Table of Contents

1. Resources for Communities Following Natural Disasters
2. ‘Handcuffed and Pushed Out’: How Schools Fail Some Students with Disabilities
3. Florida District Agrees to Improve Student Restraint Policies
4. What Are We Learning from School Suspension Bans?
5. The Resurgence of the R-Word
6. Pediatrics Group Raises Concerns About Schools Suspending Students in Special Ed
7. School Absences Rise as Special Education Fails Students, Suit Says
8. With Record Special Ed Enrollment, Schools Face ‘Dire’ Shortage of Trained Staff
9. As State Works to Improve Special Education, Advisory Committee Wants to Review Parents’ Complaints
10. How School Shooting Fears Led to a 10-Year-Old Boy with Autism Being Handcuffed
11. Lawsuit Claims Disabled Young People in Illinois Prisons Were Denied Special Education for Years
12. Special Education Assistant Details Student-Caused Concussions, Nerve Damage in Lawsuit Against Salem-Keizer
13. Texas Is Slashing $607 Million in Medicaid Funding from Program for Students with Disabilities
14. Schools Nationwide Scramble to Fill Special Ed Vacancies
15. Ruling Revives Lawsuit to Allow State Funding for Special Ed to Go to Religious Schools
16. Researchers Find Alarming Rise in Autism Diagnoses Among Somali American Children
17. Good webinar on special education costs.

Resources for Communities Following Natural Disasters

Since 2017, over 300 major disasters have been declared across the U.S., impacting education systems. The U.S. Department of Education (ED) plays a key role in supporting K-12 and higher education communities affected by these disasters. Schools provide essential services, and after a disaster, efforts are made to ensure schools reopen quickly and maintain community support.

To help K-12 schools recover, ED’s Office of Elementary and Secondary Education (OESE) offers resources and technical assistance. This includes the National Center for Homeless Education and the Center for Positive Behavior Interventions and Supports (PBIS). ED also created the Disaster Recovery Unit in 2018 to increase support for disaster recovery efforts.

For higher education, ED’s Federal Student Aid (FSA) office and Office of Postsecondary Education (OPE) assist institutions impacted by disasters, offering technical support and emergency relief funding.

Additionally, federal agencies such as SAMHSA and the CDC provide mental health and trauma resources for children and families. The National Child Traumatic Stress Network (NCTSN) offers specific resources related to various types of disasters, such as hurricanes and wildfires. Programs like Psychological First Aid (PFA) and Skills for Psychological Recovery (SPR) provide training for long-term community support.

‘Handcuffed and Pushed Out’: How Schools Fail Some Students With Disabilities

https://www.edweek.org/teaching-learning/handcuffed-and-pushed-out-how-schools-fail-some-students-with-disabilities/2024/10#:~:text=

A North Carolina mother is seeking change after her 8-year-old son, who has autism, was twice taken by a school resource officer to a hospital in one week. The incidents occurred while the boy was undergoing a functional behavior assessment. The mother, furious at the lack of appropriate support, believes the school failed to provide her son with the free and appropriate public education he is entitled to under the Individuals with Disabilities Education Act (IDEA). This situation highlights broader concerns about the increasing number of students identified for special education post-pandemic and the lack of trained staff to support them, leading to harmful disciplinary actions. Racial disparities in special education, where students of color are often over- or under-identified for services, further complicate the issue. Advocates argue that better training, resources, and de-escalation strategies are essential to support these students properly and prevent criminalization of disabilities.

Florida district agrees to improve student restraint policies

https://www.k12dive.com/news/florida-student-restraint-special-education-OCR-agreement/730512/

The U.S. Department of Education’s Office for Civil Rights (OCR) found high restraint rates for students with disabilities in Florida’s St. Johns County School District, prompting a settlement agreement for monthly restraint monitoring and other reforms. The investigation, reviewing 2017-18 and 2018-19 data, revealed concerning figures, such as one student restrained 126 times and a district-wide total of 1,711 restraints in 2018-19, mostly at six schools with self-contained classrooms. The district now limits restraint to emergencies and prohibits seclusion. Under OCR’s oversight, St. Johns will reassess interventions for previously restrained students, consider compensatory services, improve reporting, and train staff. This agreement aligns with broader advocacy efforts to limit restraint practices in schools and ensure a Free Appropriate Public Education (FAPE) under Section 504 and the ADA.

What are we learning from school suspension bans?

Maryland’s 2017 ban on suspensions for K-2 students aimed to address disciplinary disparities without compromising classroom safety. Although the ban reduced suspension rates significantly in early grades, including a 60% decrease in the number of suspensions for second graders, it did not fully eliminate suspensions. No evidence emerged that schools strategically altered records to continue exclusionary discipline; instead, the use of violent codes declined. However, disparities persisted, with Black, male, economically disadvantaged, and disabled students still suspended at disproportionately high rates. Notably, suspension gaps widened for students with disabilities compared to their non-disabled peers. The policy’s narrow scope limited its broader impact, indicating that to achieve significant reductions in suspension rates across grades, states must address discipline policies for older students as well. This case underscores the complexities in reducing exclusionary discipline while ensuring equity and maintaining safe learning environments.

The resurgence of the r-word

Disability advocates spent a decade campaigning against the slur. Now it’s coming back.

https://www.vox.com/culture/376401/r-word-slur-return-euphemism-treadmill-cycle

The use of the r-word has seen a resurgence in recent years, despite a successful campaign to eradicate it in the 2010s. This resurgence can be attributed to several factors, including the rise of influencers who are less concerned with public feedback and more likely to engage in outrageous behavior for attention. The r-word has also become a marker of edgy identity among online conservatives, who use it to signal their anti-woke stance.

The normalization of ableism in society further contributes to the r-word’s comeback. Ableism, often dismissed as less serious than other forms of prejudice, creates an environment where the r-word is seen as acceptable. Individuals have publicly mocked people with disabilities and removed safeguards against hate speech on social media platforms. Additionally, the r-word aligns with the racist pseudoscience embraced by some on the Silicon Valley right, who believe in the superiority of certain races based on IQ.

The resurgence of the r-word highlights the persistence of ableism and the need for continued efforts to combat it. Despite the progress made in the past, the r-word’s return demonstrates that ableism is still deeply ingrained in society.  The normalization of this harmful prejudice has real-world consequences for people with disabilities, who face significant challenges and discrimination in their daily lives.

Pediatrics Group Raises Concerns About Schools Suspending Students in Special Ed

The American Academy of Pediatrics has issued a policy statement highlighting the harms of school suspensions and expulsions, particularly their disproportionate impact on students with disabilities and marginalized groups. Originally intended for serious offenses, these exclusionary practices are now applied to nonviolent behaviors, increasing students’ risk of justice system involvement and school dropout. Data shows a rise in suspensions and expulsions over the years, with students with emotional disturbances and ADHD most vulnerable. The Academy emphasizes that such discipline is especially harmful in early childhood and urges pediatricians to screen for behavioral issues, support families, and advocate for alternatives to exclusionary discipline to promote students’ mental and physical well-being.

School Absences Rise as Special Education Fails Students, Suit Says

A class-action lawsuit filed by the Legal Aid Society accuses the New York City Department of Education of failing to adequately support students with emotional disabilities, leading to chronic absenteeism. The suit highlights the struggles of students with anxiety, depression, and other emotional disabilities who are unable to attend school regularly due to a lack of proper evaluations and support services. These students are entitled to specialized education plans under federal law, but the city’s education system allegedly fails to implement these adequately.

The lawsuit features the case of H.B., a 16-year-old student who experiences severe anxiety that has kept him out of the classroom. Despite his mother’s efforts to secure an individualized education plan, it took nearly a year to receive one. Many students like H.B. are left without sufficient accommodations, leading to high absenteeism rates. In the 2022-2023 school year, 46% of students with disabilities were chronically absent, compared to 31% of their general education peers. The lawsuit argues that the city’s neglect amounts to a denial of access to education, with severe consequences for the students’ academic and emotional well-being.

With Record Special Ed Enrollment, Schools Face ‘Dire’ Shortage of Trained Staff

The nationwide shortage of special education assistants, crucial staff who support students with disabilities, is an increasing concern. In Philadelphia, 564 special education assistant positions remain unfilled, with similar challenges in districts like Central Bucks. Rising demand for special education services, with 7.5 million students requiring support in 2022-23, has exacerbated the shortage. Many districts struggle to offer competitive wages, leading staff to pursue higher-paying jobs elsewhere. The lack of assistants often compromises student safety, violates individualized education programs (IEPs), and strains resources. While districts are trying to streamline hiring and offer pathways to teaching roles, the crisis persists, significantly impacting the quality of education and support for students with disabilities.

As state works to improve special education, advisory committee wants to review parents’ complaints

Virginia’s Special Education Advisory Committee aims to enhance special education services based on parent complaints, per its September report. Key recommendations include evaluating staff levels in the Office of Dispute Resolution and Program Improvement, training educators, and ensuring parent participation in IEP processes. This comes as the U.S. Department of Education investigates Virginia’s failure to resolve special education disputes timely. Additionally, the committee highlighted underfunding of special education, urging the Board of Education to review the state’s staffing estimates and funding formula. Efforts to address these issues include teacher preparation programs, regulatory changes, and increased funding for IEP processes. Lawmakers are reviewing potential reforms to the state’s special education funding model.

‘Handcuffed and Pushed Out’: How Schools Fail Some Students With Disabilities

https://www.edweek.org/teaching-learning/handcuffed-and-pushed-out-how-schools-fail-some-students-with-disabilities/2024/10

A North Carolina mother is advocating for her 8-year-old autistic son after he was taken to the hospital twice in one week by a school resource officer during a functional behavior assessment. The child’s behavior led the school to call for psychiatric evaluation, instead of providing the requested additional support. The mother is outraged, emphasizing that her son has the right to a Free Appropriate Public Education (FAPE). This incident highlights broader concerns about the overburdened special education system, post-pandemic behavioral challenges, and racial disparities in identifying disabilities. Advocates stress the need for more trained educators and de-escalation strategies, rather than relying on police interventions that often exacerbate situations.

How School Shooting Fears Led To A 10-Year-Old Boy With Autism Being Handcuffed

Hasan, a 10-year-old boy with autism, was misunderstood when he made a comment about bringing a gun to school during a sensory break at Frisco’s Bledsoe Elementary in March 2022. His parents believe the remark was misinterpreted, but the school reported it as a potential threat. This incident spiraled into a two-year legal ordeal that disrupted Hasan’s education, cost his family over $60,000 in legal fees, and left lasting emotional scars.

Despite Hasan’s autism being known to the school, he was arrested and charged with a misdemeanor for threatening to exhibit a firearm. His parents, Tahmina and Mohammed, filed lawsuits against Frisco ISD, alleging mishandling of their son’s case. Hasan, who faced bullying and struggled with social understanding due to his autism, repeatedly expressed that he did not intend harm.

The case highlights broader concerns about the criminalization of young children, especially those with disabilities, in the wake of heightened school safety fears. Though the charge was ultimately dismissed after 745 days, Hasan’s confidence and dreams were shattered. The family continues to question how the incident was handled and the impact of America’s culture of fear and gun violence on children like Hasan.

Lawsuit Claims Disabled Young People in Illinois Prisons Were Denied Special Education for Years

A new lawsuit alleges Illinois has violated state and federal laws for nearly 20 years by failing to provide special education services to incarcerated youth. The lawsuit, filed in August 2023 by Equip for Equality and Latham & Watkins, targets the Illinois Department of Corrections, Juvenile Justice, and State Board of Education. It seeks class-action status to benefit hundreds of individuals incarcerated before age 22 with special education needs. The lawsuit claims that eligible students were not identified, notified of their rights, or given education services. The lack of services hinders access to GEDs, vocational training, and sentence reductions, perpetuating educational disparities for incarcerated youth with disabilities.

Special education assistant details student-caused concussions, nerve damage in lawsuit against Salem-Keizer

A former special education assistant is suing the Salem-Keizer School District, alleging that school administrators exposed her to a dangerous work environment where she was repeatedly assaulted by students. The lawsuit, filed in Marion County Circuit Court, details multiple violent incidents, including Eriksen sustaining concussions and nerve damage from a deep bite while working at West Salem High School. Eriksen claims the district failed to maintain safe conditions, citing repeated student violence. The lawsuit names three school administrators and seeks compensation and improved safety measures. The district has faced ongoing criticism for rising incidents of student-caused injuries, with 1,356 reported last year.

Texas is slashing $607 million in Medicaid funding from program for students with disabilities

https://www.texastribune.org/2024/10/28/texas-shars-medicaid-special-education/?utm_content=header

Texas has reduced federal funding through the SHARS (School Health and Related Services) program by over $607 million annually, a decision straining budgets for special education services statewide. SHARS reimburses school districts for critical services, such as counseling and transportation, provided to Medicaid-eligible students. Following a federal audit that revealed improper billing, Texas made strict adjustments to the program, limiting reimbursable services. Districts now face an estimated $1.7 billion funding gap for special education. Many districts, particularly rural ones, are considering leaving SHARS due to the high administrative burden of compliance, while others face severe budgetary pressures impacting personnel and service delivery.

Texas blames federal requirements for the funding cuts, though federal authorities deny enforcing specific changes. Some districts have filed appeals, while others hope for legislative intervention to increase funding or transition to a needs-based funding model. However, the state’s recent legislative focus on school vouchers complicates this outlook. Advocates argue that reducing SHARS funding limits essential services for students with disabilities. Special education leaders and lawmakers continue pushing for transparency and support, concerned that the financial strain jeopardizes services for the state’s most vulnerable students.

Schools Nationwide Scramble to Fill Special Ed Vacancies

Schools nationwide continued to face staffing shortages as the 2024-25 school year began, with special education positions among the hardest to fill, according to a report from the U.S. Department of Education’s National Center for Education Statistics. Data from 1,392 public K-12 schools show that 74% of elementary and middle schools and 66% of high schools reported challenges in finding certified special education teachers. Schools averaged six teaching vacancies, with 79% filled before classes started, yet hiring was hampered by a lack of qualified applicants. Commissioner Peggy Carr highlighted the persistent difficulty in staffing special education roles and non-teaching positions, such as aides and transportation staff, emphasizing the importance of these roles in supporting students’ educational experiences.

Ruling Revives Lawsuit to Allow State Funding For Special Ed To Go To Religious Schools

The 9th Circuit Court of Appeals revived a lawsuit from Orthodox Jewish families challenging California’s policy of withholding special education funding from religious schools. Filed by two schools and three parents of children with autism, the lawsuit argues that the state’s restriction discriminates against religious families by denying them equal access to special education funds. Judge Kim Wardlaw ruled that the policy burdens religious freedom, forcing parents to choose between special education services and religious education. The decision sends the case back to federal court for further review, having previously been dismissed. California officials defend the policy, asserting it maintains government neutrality towards religion. However, Wardlaw noted that the state’s nonsectarian requirement isn’t sufficiently tailored to ensure neutrality. The Teach Coalition praised the decision, calling it a significant victory for religious liberty with potentially broad implications beyond California.

Researchers find alarming rise in autism diagnoses among Somali American children

PBS NewsHour

Autism rates among Somali Americans in Minnesota are alarmingly high, with 1 in 16 Somali 4-year-olds diagnosed, compared to 1 in 53 in the general population. Families face numerous challenges, including cultural stigma, delays in diagnosis, and inadequate early intervention services, which can worsen long-term outcomes. Some parents report difficulties in navigating the healthcare system, encountering misdiagnoses, and even being reported to child protective services. Efforts are being made by organizations like the Somali Parents Autism Network to increase awareness and support within the community. Progress is slow but encouraging, with growing openness and the creation of a positive Somali term for autism, “maangaar” (unique mind), reflecting a shift toward acceptance.

Good Webinar on Special Education Costs

30-Min Webinar: Are students benefiting from the rising costs of Special Ed?