SPED LAW BLOG

COVID- New Dispute Resolution Guidance from OSEP

OSEP issued Q&A documents in response to inquiries concerning implementation of the IDEA Part B and Part C dispute resolution procedures in the current COVID-19 environment. IDEA Part B https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-dispute-resolution-procedures-part-b.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= IDEA Part C https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-dispute-resolution-procedures-part-c.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

INDIAN EDUCATION: Actions Needed to Ensure Students with Disabilities Receive Special Education Services

INDIAN EDUCATION: Actions Needed to Ensure Students with Disabilities Receive Special Education Services GAO-20-358: Published: May 22, 2020. Publicly Released: Jun 5, 2020. Found at: https://www.gao.gov/products/gao-20-358 In a recent Government Accounting Office (GAO) report, the Bureau of Indian Education (BIE) did not provide or could not account for almost 40 […]

Free Virtual Seminar On June 5: Evidence-Based Guidance for How Schools Can Respond to A National Mental Health Crisis in the Wake of COVID-19

Supreme Court Denies To Hear Two Special Education Cases

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 […]

Extended School Year (ESY) and Covid-19

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 […]

Resources on Virtual IEP Team Meetings

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 […]

Covid-19 and Special Education

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 […]

Free Membership & Materials from the Council for Exceptional Children

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 Document on CoronaVirus

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  

Brown v. Board of Education (1954) and the Development of Special Education

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 […]

The Almost Final Chapter in Endrew F. v. Douglas County School District (2017)

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 […]

U.S. Department of Education issues Question & Answer document on the Supreme Court’s ruling in Endrew

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 […]