Summary of November Top Stories


  1. Using Functional Behavioral Assessments to Create Supportive Learning Environments

  2. Civil Rights Commission to Examine Special Education Teacher Shortages

  3. How Trump’s Policies Could Affect Special Education

  4. How One Woman Became the Scapegoat for America’s Reading Crisis

  5. Schools are Scrambling to Find Special Education Teachers: 3 Ways to Address the Shortage

  6. School Bans 9-Year-Old’s Seizure Alert Service Dog, Lawsuit Says

  7. America’s Literacy Crisis Isn’t What You Think

  8. I Want to Scream, but I Can’t: The Hidden World of Special Education Settlements in Massachusetts

  9. Facing School Staff Shortage, State Giving Special Educators One-Time Stipends

  10. Special Education Staffing Shortages Put Students’ Futures at Risk: How to Solve That Is Tricky

  11. Should Schools Have Cellphone Restrictions for Teachers Too?

  12. How Trump’s Plan to Close the Ed Department Might Impact Students With Disabilities

  13. Does Project 2025 Eliminate IEPs? Not Explicitly, but Experts Are Wary

  14. Could Trump Actually Get Rid of the Department of Education?

  15. Senator Previews What Closing Down the Education Department Would Actually Look Like

  16. Many Teachers Are Victimized by Students, and the School’s Response Matters for Their Well-Being

  17. Our Schools Are Not ‘Failing.’ They Need New Accountability Measures | Opinion

  18. Chalk & Gavel Podcast: An LRE Case from Connecticut


December 2024

USING FUNCTIONAL BEHAVIORAL ASSESSMENTS TO CREATE SUPPORTIVE LEARNING ENVIRONMENTS.
https://sites.ed.gov/idea/files/Functional-Behavioral-Assessments-11-19-2024.pdf

The guidance, developed by the Office of Special Education and Rehabilitative Services (OSERS) and the Office of Elementary and Secondary Education (OESE), provides educators and families with information, tools, and resources to support the broader use of FBAs and behavioral plans for students with and without disabilities.  The guidance describes an FBA, addresses common characteristics of an FBA and behavioral plans, explains how FBAs can inform instructional strategies, identifies guiding principles to support effective development and implementation, highlights federal funding sources for educator training related to FBAs, and provides technical assistance resources to support implementation.  

Civil Rights Commission To Examine Special Ed Teacher Shortages
https://www.disabilityscoop.com/2024/11/11/civil-rights-commission-to-examine-special-ed-teacher-shortages/31157/

The U.S. Commission on Civil Rights is launching an investigation into how teacher shortages are affecting the education of students with disabilities. At a briefing, the commission will gather insights from educators, researchers, and officials on the struggles schools face in hiring special education professionals and government efforts to address these gaps. With special education enrollment reaching a record 7.5 million students, data shows that a majority of schools are struggling to find certified teachers. Public comments will be accepted until Dec. 16, helping to shape the commission’s report to Congress and the president on this critical issue.

How Trump’s Policies Could Affect Special Education
https://www.edweek.org/teaching-learning/how-trumps-policies-could-affect-special-education/2024/11

The incoming Trump administration’s education policy proposals could significantly impact students with disabilities and their families, raising concerns among experts about federal support for special education. The Individuals with Disabilities Education Act (IDEA), established in 1975, ensures educational rights for students with disabilities, mandating Individualized Education Programs (IEPs). Despite viral misinformation, there’s no evidence Trump’s administration seeks to abolish IEPs or IDEA. However, proposals such as slashing the federal education budget and dismantling the Department of Education could lead to reduced funding, diminished oversight of special education law compliance, and a shift of financial burden to states and districts.
Project 2025, a conservative policy blueprint, suggests diverting IDEA funds to private education, which may not adequately serve students with disabilities. The potential abolition of the Education Department raises logistical and equity concerns, as its civil rights and special education functions could be scattered across other agencies. Experts worry these shifts might exacerbate inequities, reduce uniformity, and undermine supports like federal research and staffing initiatives.
While IDEA’s protections would remain intact, enforcement could become chaotic. Experts emphasize the need for bipartisan consensus to prioritize funding, modernize policies, and ensure effective systems for supporting students with disabilities and their families.

HOW ONE WOMAN BECAME THE SCAPEGOAT FOR AMERICA’S READING CRISIS
https://www.theatlantic.com/magazine/archive/2024/12/lucy-calkins-child-literacy-teaching-methodology/680394/

Lucy Calkins, once a prominent figure in American education, is now criticized as a contributor to the nation’s reading crisis. Her “Units of Study” curriculum, aimed at inspiring a love for reading, was widely adopted, particularly in New York City schools, and her approach spread through Columbia University’s Teachers College. However, a 2020 report questioned its efficacy, labeling it “beautifully crafted” but insufficient for achieving widespread literacy success. Criticism intensified with the 2022 podcast Sold a Story, which accused Calkins of promoting ineffective methods. The podcast claimed her curriculum’s reliance on “cueing”—encouraging children to guess words from context rather than using phonics—was flawed and detrimental. The criticism highlighted that nearly one-third of fourth and eighth graders struggle with basic reading, sparking debates on effective literacy instruction and leaving Calkins’ legacy and approach under intense scrutiny.

Schools are scrambling to find special education teachers. 3 ways to address shortage.
https://www.usatoday.com/story/news/education/2024/11/14/schools-struggle-to-find-special-education-teachers/76227708007/?utm_content=header

Public schools face significant challenges in filling special education teacher vacancies, with 72% of schools reporting difficulties for the 2024-25 school year. Experts cite factors such as the emotional demands of supporting students with disabilities, excessive workloads, and barriers to entering the profession as key contributors to the shortage.
Mental health challenges, driven by managing students’ emotional and academic needs, often deter teachers or lead to burnout. Experts like Aron Boxer and Deborah Schadler advocate for mental health resources, coaching, and opportunities for peer connection to support educators.
The burdensome administrative demands of Individualized Education Programs (IEPs) exacerbate stress and contribute to attrition. Addressing this requires mentoring, workload management, and encouraging open dialogue about teacher needs.
Attracting new candidates is another challenge, as fewer people pursue special education degrees. Apprenticeships and residency programs offer cost-effective pathways, enabling paraprofessionals and high school students to enter the field, alleviating financial and time barriers while combating stigmas about teaching students with disabilities.

School Bans 9-Year-Old’s Seizure Alert Service Dog, Lawsuit Says
https://www.disabilityscoop.com/2024/11/13/school-bans-9-year-olds-seizure-alert-service-dog-lawsuit-says/31164/

A Tennessee family has filed a federal lawsuit after Dogwood Elementary School banned their 9-year-old son’s seizure alert service dog. The child, who is nonverbal and has multiple disabilities including a seizure disorder, initially had permission for the dog to attend school. However, staff claimed the dog’s trained seizure-alert behaviors, such as pawing or nudging, were disruptive. Despite the family offering free training to staff about the dog’s behavior, the school ultimately prohibited the dog. The family alleges violations of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, arguing that banning the dog denies their son equal access to education and accommodations. The boy is now homeschooled with his twin brother. The lawsuit seeks damages, a jury trial, and a court order to allow the service dog back in school, highlighting the importance of supporting students with disabilities and enforcing federal anti-discrimination laws.

America’s literacy crisis isn’t what you think
https://www.vox.com/culture/386286/kids-reading-literacy-crisis-books

America’s literacy crisis isn’t about kids’ inability to read but their dwindling engagement with reading for pleasure. While National Assessment of Educational Progress (NAEP) scores have remained relatively stable, the percentage of 13-year-olds reading for fun daily has plummeted from 35% in 1984 to 14% in 2023. This trend, coinciding with the rise of smartphones and standardized testing, limits exposure to critical skills like vocabulary building, background knowledge, and critical thinking.
Experts warn that declining recreational reading undermines essential civic skills, such as discerning reliable information—a growing concern in the digital age. Recent studies show U.S. students lag behind globally in information literacy. Reversing the trend requires reframing reading as an engaging tool for exploring interests and encouraging diverse formats, like e-books and interactive stories. By fostering a love for reading, educators can better equip young people for academic success and informed civic participation.

‘I want to scream, but I can’t. ’ The hidden world of special education settlements in Mass.
https://www.bostonglobe.com/2024/11/12/metro/boston-massachusetts-autism-dyslexia-students-private-school-special-education/?s_campaign=bostonglobe:socialflow:twitter&utm_campaign=Globe_Twitter

The article investigates disparities in Massachusetts’ special education system, highlighting the challenges families face in securing appropriate education for students with disabilities. Many districts rely on nondisclosure agreements in settlements, forcing parents into secrecy to access necessary services, such as private school placements. Wealthier families often benefit, leveraging resources to secure costly outplacements, while lower-income families struggle to navigate an opaque, inequitable system. Federal laws require districts to ensure the least restrictive environment, but gaps in funding and policy implementation perpetuate disparities.
The Boston Globe reviewed over 2,600 settlements, revealing stark contrasts in outcomes based on community wealth and individual advocacy. Some families received six-figure reimbursements, while others were denied essential support. The process for contesting district decisions, involving quasi-judicial hearings, heavily favors schools due to legal and financial barriers for parents. Despite legal requirements, the state has not enforced accountability measures to address systemic inequities.
Experts criticize the confidentiality of settlements, arguing it hinders shared knowledge among families and perpetuates inequality. Advocates call for increased state and federal funding, better district-level services, and transparency to reduce reliance on costly outplacements. Families like the Pagans illustrate the system’s failings, facing financial and emotional strain as they fight for their child’s right to an appropriate education.

Facing School Staff Shortage, State Giving Special Educators One-Time Stipends
https://www.disabilityscoop.com/2024/11/22/facing-school-staff-shortage-state-giving-special-educators-one-time-stipends/31181/

Oregon will distribute $8.9 million in one-time bonuses to special education teachers, paraeducators, and other staff to address recruitment and retention challenges. The funding stems from a 2023 law allowing wage increases or stipends for special education workers. Bonuses will go to those spending at least 75% of their time supporting students with individualized education programs (IEPs), with districts reporting qualifying staff by January 13. While the gesture acknowledges their critical work, many educators, like paraeducator Kyrsti Sackman, argue it falls short of addressing systemic issues like low wages and staff shortages.
Oregon schools face severe vacancies in special education roles, with over 100 open positions statewide, including 32 in Portland Public Schools alone. Educators emphasize the need for long-term solutions, such as higher pay differentials, increased staffing levels, and sustainable funding. While some appreciate the recognition, they highlight that a one-time bonus won’t resolve deeper issues affecting the ability to attract and retain staff or fully meet student needs, particularly in underfunded districts like Portland.

Special education staffing shortages put students’ futures at risk. How to solve that is tricky.
https://www.chalkbeat.org/2024/11/20/special-education-teaching-shortages-hurt-students-and-are-hard-to-solve/

Special education teacher shortages remain a critical issue, with more teachers leaving than entering the profession, despite rising numbers of students with disabilities. As of 2022-23, 7.5 million students—15% of the U.S. student population—required special education services, up from 7.1 million before the pandemic. Shortages force schools to rely on substitutes or untrained staff, increasing workloads and exacerbating burnout. Students often face disrupted learning, aggressive behaviors, or inadequate support, leaving families to bear the burden of tutoring and therapy costs.
The U.S. Commission on Civil Rights recently held a briefing on this crisis, highlighting differing solutions. Many advocate increased federal funding to fulfill the 1975 IDEA promise of covering 40% of special education costs, while others push for incentives like higher salaries and retention bonuses. Some propose easing licensing requirements or expanding private school voucher programs. However, critics worry voucher programs could undermine the right to free and appropriate public education. Solutions like “grow your own” teacher initiatives show promise but are insufficient to meet the demand.

Should Schools Have Cellphone Restrictions for Teachers Too?
https://www.edweek.org/technology/should-schools-have-cellphone-restrictions-for-teachers-too/2024/11

As schools increasingly restrict student cellphone use to benefit learning and mental health, questions arise about similar policies for teachers. Modeling appropriate cellphone behavior is seen as crucial, particularly as students find ways to circumvent rules. Experts like Edward Rivero suggest teachers use discretion, aligning their phone use with professional and school expectations. A survey revealed mixed policies: 37% prohibit teacher cellphone use during school hours, while others allow limited use. Teachers generally agree that modeling proper behavior doesn’t always require explicit policies but emphasize consistency and accountability. Practical challenges exist—many schools rely on cellphones for communication or emergencies, making blanket restrictions impractical. Educators highlight professional discretion and the need for trust in handling personal and work-related cellphone use. While some, like Manuel Rustin, enforce strict classroom policies, others balance professional demands with personal needs, showcasing the nuanced debate around cellphone policies for educators.

How Trump’s Plan To Close The Ed Department Might Impact Students With Disabilities
https://www.disabilityscoop.com/2024/11/18/how-trumps-plan-to-close-the-ed-department-might-impact-students-with-disabilities/31170/

President-elect Donald Trump’s proposal to eliminate the U.S. Department of Education has sparked debate among experts regarding its implications for students with disabilities. The Department oversees the enforcement of the Individuals with Disabilities Education Act (IDEA) and other critical civil rights protections, making its potential closure a significant concern.
Eric Hanushek of Stanford’s Hoover Institution downplayed the impact, arguing that Congress controls IDEA funding and could reassign responsibilities within the executive branch. However, he acknowledged that embedding special education oversight in broader agencies might dilute focus, compromise data collection, and weaken the Department’s research role.
Others voiced strong concerns. Amanda Levin Mazin of Columbia University warned that dismantling the Department would exacerbate inequities and eliminate guarantees of basic educational rights provided by IDEA and Title I. She highlighted the potential collapse of the pipeline for training special education teachers. Jessica Levin of the Education Law Center emphasized the Department’s critical enforcement role, calling its removal a threat to civil rights for students with disabilities, both symbolically and practically.

Does Project 2025 eliminate IEPs? Not explicitly, but experts are wary
https://www.usatoday.com/story/news/factcheck/2024/11/15/project-2025-ieps/76045183007/

Project 2025, a policy guide developed by the Heritage Foundation and over 100 partner organizations, proposes significant changes to federal education policy, including the potential elimination of the Department of Education. The nearly 900-page “Mandate for Leadership” document outlines a vision for decentralizing oversight and funding, including converting Individuals with Disabilities Education Act (IDEA) funding into block grants distributed by the Department of Health and Human Services instead of the Department of Education. Critics argue this could undermine individualized education programs (IEPs) by reducing public school resources and weakening federal oversight, though the plan does not explicitly mention eliminating IEPs. Experts caution that shifting responsibilities to agencies unfamiliar with youth education, such as the Department of Justice or the Administration for Community Living, risks gaps in enforcement and support for students with disabilities. Proponents maintain that public schools would still provide IEPs, but opponents highlight potential inequities and funding shortfalls.

Could Trump actually get rid of the Department of Education?

https://www.vox.com/education/384779/department-of-education-trump-musk-betsy-devo

This discusses the feasibility of former President Donald Trump’s campaign pledge to dismantle the U.S. Department of Education (DOE). While technically possible, abolishing the DOE would require an act of Congress, which is unlikely due to the need for bipartisan support in the Senate. Experts argue closing the DOE would cause significant harm to vulnerable student populations, including those in rural areas, low-income communities, and students with disabilities, as the department provides essential civil rights protections and resources. Critics note much of what Trump and his supporters attribute to the DOE, such as curriculum decisions and ideological concerns, is already controlled at the state level. Even without dismantling the department, Trump could undermine its effectiveness by cutting staff, appointing unqualified officials, or influencing higher education accreditation processes. These actions could disrupt education systems nationwide without achieving the administration’s stated goals.

Senator previews what closing down the Education Department would actually look like
https://www.govexec.com/management/2024/11/senator-previews-what-closing-down-education-department-would-actually-look/401264/

President-elect Trump has pledged to eliminate the Department of Education, aligning with efforts like Sen. Mike Rounds’ Returning Education to Our States Act, which proposes redistributing its functions to other federal agencies. Rounds, a long-time critic of the department, argues it has overreached its mission, becoming a bureaucratic hindrance rather than supporting education. His plan would reassign programs: Native American initiatives to Interior, student loans to Treasury, special education to Health and Human Services, vocational programs to Labor, and cultural exchange programs to State. However, some programs, like teacher preparation and disadvantaged student support, lack a clear reassignment under the proposal. The bill does not address the fate of the department’s 4,200 employees. Trump has nominated Linda McMahon to lead the department, signaling a push for state and local control. While eliminating the department faces historical resistance, Trump has vowed reforms targeting perceived ideological influences within it.

Many Teachers are Victimized by Students and the School’s Response Matters for Their Well-Being
https://nij.ojp.gov/topics/articles/many-teachers-are-victimized-students-and-schools-response-matters-their-well-being?utm_source=govdelivery&utm_medium=email&utm_campaign=articles

A National Institute of Justice-sponsored study highlights the pervasive issue of teacher victimization by students, encompassing verbal, physical, and psychological abuse. Data collected from over 1,600 middle and high school teachers in Texas across four survey waves (2016–2019) revealed that 83% experienced some form of victimization. Verbal abuse (45%) and nonphysical aggression (29–35%) were most common, while physical assault and sexual harassment were less frequent but impactful. Victimization negatively affects teachers’ emotional and physical well-being, with nearly half reporting physical distress and 90% experiencing emotional distress.
Administrative responses significantly influence teachers’ satisfaction and distress levels. Procedural justice—perceived fairness in how schools handle complaints—was strongly linked to better outcomes. Teachers who felt supported were less distressed and more satisfied with school responses. The study underscores the need for school leaders to address teacher victimization with fairness, implement supportive policies, and provide counseling to mitigate the adverse effects and reduce teacher attrition.

Our schools are not ‘failing.’ They need new accountability measures | Opinion
https://www.yahoo.com/news/schools-not-failing-accountability-measures-211110369.html

Dr. Kyle Reynolds argues that public schools are not inherently “failing” but are constrained by outdated accountability systems that distort their performance. He critiques the “factory model” of education, which treats students uniformly, and advocates for a 21st-century approach emphasizing critical thinking, creativity, and adaptability. Reynolds calls for a shift from compliance-based to competency-based education, where students progress based on mastery rather than “seat time.” He highlights the transformative potential of technology-rich learning environments when used as dynamic enhancements rather than mere replacements for traditional methods. Additionally, he emphasizes the importance of relationships-rich educational spaces, where students feel supported and valued, and the integration of social-emotional learning (SEL) to address Adverse Childhood Experiences (ACEs) and promote resilience. Reynolds envisions a personalized, adaptable, and skills-driven educational model that prioritizes the diverse needs of students over rigid, one-size-fits-all systems.

Podcast:

Chalk & Gavel discussed an LRE case from CT. It discusses due process, parent advocacy and the importance of relationships.

https://podcasts.apple.com/us/podcast/30-inclusion-and-students-with-disabilities/id1712117845?i=1000675738003

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