Last week the US Department of Education released updated guidance on the use of Assistive technology in schools for students eligible for special education and related services. There are a lot of misconceptions related to the use of AT. Below, we have summarized some of the key components. A lot of the misconceptions relate to use of funds, so that is our focus.  The guidance on leveraging Federal funds for teaching and learning with technology, including for assistive technology (AT) devices and services, acknowledges the critical role of technology in enhancing educational outcomes fo ..read more

By Kimberly Knackstedt, Ph.D. Today’s blog post was written by Dr. Kimberly Knackstedt, She previously has served in disability policy positions in Congress and the White House. From 2019 to 2021, she was the senior disability policy advisor for Senator Patty Murray on the Health, Education, Labor and Pensions Committee in the U.S. Senate. In January 2021, Knackstedt was appointed as the first director of disability policy for the Domestic Policy Council for the Biden–Harris administration.  Dr. Knackstedt wrote this blog for the Sage Perspectives Blog to announce a special issue of ..read more

In today’s blog I will discuss an interesting case out of the U.S. Court of Appeals for the 11th, Circuit, Powell v. School Board of Volusia County, Florida (2023).  The case is available on the 11th Circuit website. It is of special interest because the school district prevailed at the U.S. District Court for the Middle District of Florida, but was vacated (i.e., overturned) and remanded (i.e., sent back to the lower court) at the circuit court in light of the U.S. Supreme Court’s ruling in Perez v. Sturgis, 2023.             In this ..read more

Now is the time to consider ESY determinations-before the Winter Break. We will address what is ESY, how to make determinations, and the steps to consider over the next ew weeks.  What is ESY? Pursuant to 34 CFR 300.106 (a): Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section. Extended school year  services must be provided only if a child’s IEP Team determines, on an individual basis, in accordance with 34 CFR 300.320 through 34 CFR 300.324 , that the services are necessary f ..read more

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