Special Education and Disability-Related IssuesNationwide Shortage of Special EducatorsState-Level Special Education InitiativesChallenges and Legal Issues in Special EducationAutism and Special EducationSpecial Education During and Post-PandemicHigh-Profile Special Education Cases Legal and Policy Developments in EducationSupreme Court and Title IXUpcoming Supreme Court Cases School Safety and Environmental ConcernsSchool Crime and SafetyLead Contamination in Schools Notable ..read more

On June 22, 1999. the U.S. Supreme Court announced the 6 to 3 ruling in Olmstead v. L.C. In this case, the Supreme Court ruled on the integration mandate of the Americans with Disabilities Act (ADA). In the majority opinion, Justice Ruth Baker Ginsburg wrote that the unjustified segregation of ..read more

If you see anything that should be included, please let me know at DavidBateman@me.com Supreme Court Ruling May Upend Disability Rights Protections, Advocates Fear Countless federal regulations ensuring the rights of people with disabilities could face legal challenges after the U.S. Supreme Court overturned a 40-year-old precedent. The recent ruling ..read more

Chevron Deference Explained Chevron deference is a judicial doctrine stemming from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. It directs courts to defer to a federal agency’s interpretation of ambiguous statutory language, provided the interpretation is reasonable. The doctrine follows a two-step process: Step One: Determine if Congress has directly addressed the precise issue in question. If the statute is clear, that interpretation must be followed. Step Two: If the statute is ambiguous, determine whether the agency’s interpretation ..read more

July 2 was the 60th anniversary of the signing of the Civil Rights Act of 1964 into law by President Lyndon B. Johnson. This law, clearly one of the most important pieces of legislation in our nation’s history, was the first of a number of civil rights laws. Title VI of the Civil Rights Act prohibited discrimination against persons on the basis of race, color, or national origin. Civil rights laws confer personal rights to be free from discrimination. These federal laws created classes of persons who are legally protected from discrimination because of a shared, and usually immutable, characte ..read more

Special Education Law Update Special Education Case Appealed to the Supreme Court The U.S. Supreme Court is being asked to take up a case centering on whether parents have the right to record meetings with their child’s school district about special education services. Supreme Court Asked To Consider Whether Parents Can Record IEP Meetings https://www.usatoday.com/story/news/politics/2024/06/05/iep-disabilities-autism-supreme-court-massachusetts/73879835007/ Rejected: Supreme Court Declines To Weigh In On Whether Parents Can Record IEP Meetings 504 No new regs, but updates to the HHS Fact ..read more

CADRE Published a great piece about special education teachers testifying in due process hearings. “I Didn’t Sign Up For This!”: Considering The Impact of Due Process On Teachers https://www.cadreworks.org/resources/literature-article/i-didnt-sign-considering-impact-due-process-teachers Summary:The Individuals with Disabilities Education Act (IDEA) offers a framework to resolve disputes between schools and parents over a student’s Individual Education Program (IEP). However, when local resolution fails, IDEA outlines formal procedures through the State Education Agency (SEA). Understanding the ..read more

The 2024 Title IX Final Rule significantly expands and updates the regulatory framework governing sex discrimination in education programs receiving federal financial support. Here are more detailed insights into several key aspects of the rule: 1. Comprehensive Definitions: Sex-Based Harassment: This includes not only sexual harassment but also harassment based on sex, including sex stereotypes, characteristics, pregnancy, sexual orientation, and gender identity. It specifies the types of behaviors that constitute quid pro quo harassment, hostile environment harassment, and explicitly includ ..read more

New Title IX regulations were released today. They were two years in the making. Expect a lot of commentary and push-back. We will have a summary of the new regulations within the next week. They can be found here: https://titleixforall.com/new-title-ix-regulations-released ..read more

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