As many of your districts are getting ready for a Thanksgiving Break, it is VERY important for all to be aware (or be reminded of) the December 1 Child Count. The Individuals with Disabilities Education Act (IDEA) requires school administrators to conduct an annual count of all children receiving special […]
Section 508 of the Rehabilitation Act of 1973 mandates entities receiving federal funds make their electronic and information technology (EIT) accessible to individuals with disabilities. This includes any EIT that’s developed, procured, maintained, or used by these entities, which includes ALL public schools. While Section 508 is a federal requirement, […]
Recently, the Office of Civil Rights announced its investigation into Fairfax County related to notice and results from working with parents related to COVID. There are many very important lessons ALL school districts should learn from this investigation. The title of the report is:U.S. Department of Education’s Office for Civil […]
September 26, 2023 is the 50th Anniversary of the Rehabilitation Act of 1973. In schools, this is better known as where we get Section 504. There are new regulations on Section 504 coming soon. While you wait, if you follow the link below you can get a document that describes […]
Section 1983, titled “Civil action for deprivation of rights,” is part of Title 42 of the United States Code. It is one of the primary means for individuals to sue state and local officials for violations of federal constitutional and statutory rights. Here’s a more detailed look at Section 1983: […]
When we think of parents filing complaints against school districts regarding special education services, we usually think of mediation, resolution sessions, due process hearings, and possible court cases. However, there are additional, less well-known, complaint resolution systems that the parents of students with disabilities may use. This blog post will […]
Fire drills: a routine obligation for all school kids, yet their execution often overlooks the unique needs of students with disabilities. I was recently reminded of this gap when I had a conversation with my daughter. She teaches at a specialized school for students with autism in Charlottesville. She recounted […]
FERPA, the Family Educational Rights and Privacy Act, is a federal privacy law enacted in the United States to safeguard the privacy and confidentiality of students’ personal information. It grants specific rights to parents concerning their children’s educational records. The scope of FERPA covers all school districts that receive funding […]
From OSEP: Comparable services include services during the summer, such as Extended School Year (ESY) services. Requirements: When a child with an individualized education program (IEP) from a school district transfers into a new school district, whether in the same State or a different State, and enrolls in a new […]
Using out-of-school suspensions with students with disabilities protected by the Individuals with Disabilities Education Act (IDEA) has long been a problem. Despite the issues that have arisen with the overuse and inappropriate use of discipline in general and OSS specifically, it had only been addressed by courts, including the U.S. […]
As a special educator, it is crucial to be aware of and avoid using ableist language when interacting with students, colleagues, and families. Ableist language can perpetuate harmful stereotypes, reinforce discriminatory attitudes, and create a negative and exclusionary environment. Here are some warnings and guidelines to consider: Remember, using inclusive […]
1. Know Your Rights: The Individuals with Disabilities Education Act (IDEA) is the federal law that guarantees a free, appropriate public education (FAPE) for students with disabilities. It is important for parents and educators to understand the rights and protections IDEA provides. 2. Understand the Evaluation Process: IDEA requires that […]
SPED LAW BLOG 