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 education services. Here are key points that school administrators should be aware of regarding the IDEA requirements for the December 1 child count: Purpose of the Count: The December 1 child count is essential for ensuring states receive appropriate federal funding to support special ..read more

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 Rights Announces Resolution of Investigation into Fairfax County Public Schools in Virginia, Related to the Needs of Students with Disabilities During the COVID-19 Pandemic It can be found at: https://www.ed.gov/news/press-releases/us-department-educations-office-civi ..read more

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 in great detail how to write a Section 504 Plan. Use it and get it out to whomever might benefit, school district and parents alike. Click to access 504-accommodations-guide.pdf ..read more

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: Overview: Text: The central part of Section 1983 reads: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisd ..read more

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 briefly examine the filing of complaints with a state. The IDEA includes requirements regarding mediation, resolution sessions, due process hearings, and court cases but does not address state requirements for developing and implementi ..read more

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 an incident where someone accidentally burned something in the lounge. As the scent filled the air, her immediate concern was not just about the potential fire alarms but also about her students. She rushed back to her classroom to grab headphones to shield her students from the sensor ..read more

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 the U.S. Department of Education. This means that the majority of public schools, including administrators, teachers, staff, and support personnel, are required to comply with the law. Non-compliance with FERPA’s privacy requirements puts a school distr ..read more

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 school in the same school year, the new school district (in consultation with the parents) must initially provide FAPE to the child, including the provision of services comparable to those described in the child’s IEP from the previous school district.  34 C.F.R. § 300.323 ..read more

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. Supreme Court, until 1997.  Even though the IDEA, originally named the Education of All Handicapped Children Act (EAHCA) when it became law in 1975, did not directly address discipline, courts frequently were called on to settle disputes that arose when stude ..read more

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: Understand Ableist Language: Educate yourself about ableism and the impact of ableist language. Recognize that certain words or phrases can stigmatize and marginalize individuals with disabilities. Avoid Offensive Terminology: Steer clear of derogatory terms that ..read more