Supreme Court Update May 26, 2020 The first case was McMillen v. New Caney Independent School District, (5th Cir. 2019), had similarities to the Fry case from three years ago. In McMillan the 5th Circuit ruled the exhaustion provision, which requires a parent to seek relief in a due process […]
Given the current situation with just about all schools across the nation shut down, along with expectations of social distancing, what should we reasonably expect out of extended school year (ESY) programming for students eligible for special education and related services? This post will seek to remind readers of the […]
In these unusual times, holding IEP meetings can be quite a challenge. The IDEA does allow a student’s IEP meeting to be held through alternative means, such virtual meetings (e.g., Zoom, Go-To-Meeting, Microsoft Team) if parents and school personnel agree to this (IDEA Regulations, 34 C.F.R.§ 300.328). The following National […]
Mitchell L. Yell, Ph.D. The Covid-19 pandemic is having an unprecedented effect on education. With schools being out of session until probably the 2020-2021 academic year, administrators and teachers are having to determine how best to educate students when they cannot attend school. This can present unique issues if a […]
The Council for Exceptional Children (CEC) is opening its doors to the special education community in need of resources. Nonmembers of CEC can receive a free basic membership from now through May 31 by using the promotional code “CECED60.” This will give you access to all of CEC’s journal articles, […]
OSEP issued this question and answer document on providing services to students with disabilities during the Corona Virus outbreak: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf
May 17th 2019, was the 65th anniversary of perhaps the most important U.S. Supreme Court decision in the 20th century: Brown v. Board of Education (1954). Although the specifics of the case are well known; the enormous effect it had on the educational rights of students with disabilities is less […]
In a previous blog, I addressed the recent special education case heard by the U.S. Supreme Court, Endrew F. v. Douglas County School District (2017). The case dealt with the definition of a free appropriate public education (FAPE) under the IDEA, specifically answering the question: What is the degree of […]
On December 7, 2017, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education issued a question and answer document on the U.S. Supreme Court’s unanimous ruling in Endrew v. Douglas County School District (2017). The question and answer document can be found at https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-endrewcase-12-07-2017.pdf The intent […]
On January 11, 2017, I was fortunate enough to attend oral arguments at the U.S. Supreme Court in the important special education case, Endrew F. v. Douglas County School District. The case involved Endrew F., a young boy with Autism who attended a special education program in Douglas County School […]
In this post I will address a decision out of the U.S. Court of Appeals for the Second Circuit: T.K. and S.K. on behalf of L.K. v. New York City Department of Education (http://law.justia.com/cases/federal/appellate-courts/ca2/14-3078/14-3078-2016-01-20.html). The highest court that has yet addressed bullying of a student with disabilities, heard this case. […]
On December 10, 2015 President Obama signed the Every Student Succeeds Act (ESSA) into law. The ESSA reauthorized the Elementary and Secondary Education Act (ESEA) of 1965 and replaces the No Child Left Behind Act (NCLB). The law passed the House and Senate with significant bipartisan support. The intent of […]
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