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Showing posts from June, 2017

Special Education Law 101 - Part VII #related services

This is another post in our current series introducing readers to special education law's key concepts.  Today's post is about related services. This phrase is almost always preceded by "special education and..." Let me know if you are enjoying this series. For some it is an introduction.  For others it is a chance to brush up on the key concepts... Related Services The IDEA defines  related services  as follows: (A)    IN GENERAL- The term ‘related services’ means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free and appropriate public education as described in the individualized education program of the child, counseling se...

Weekly Question!

Who won Endrew F? What do you think? #FAPE STANDARD #IDEA #SCOTUS

Special Education Law 101 - Part VI #IEP

Our series providing an introduction to special education law continues.  Previous posts have introduced the two basic concepts underlying IDEA, free and appropriate education and least restrictive environment.  Last week we discussed eligibility and identification.  Today we will look at selected IEP issues. The Individualized Educational Plan (hereafter sometimes referred to as “IEP”) is at the heart of the Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq (hereafter sometimes referred to as the “IDEA”.) In the seminal decision of in  Board of Educ., Hendrick Hudson Central Sch. Dist. v. Rowley , 455 U.S. 175, 102 S.Ct. 3034, 3038, 553 IDELR 656 (1982), the U. S. Supreme Court noted that the function of the IEP is to tailor the free and appropriate education required by the IDEA to the unique needs of the student with a disability. Similar language is used by the high court in the recent Endrew F decision. In a subsequent decision, the Su...

Weekly Question!

Who won Endrew F? What do you think? #FAPE STANDARD #IDEA #SCOTUS

Breaking: Census Bureau Releases Report On Public School Finances #funding

The U S Census Bureau today released a report on how public schools in the United States are financed. It concludes that public schools across the nation spent over 60 percent of day-to-day expenditures on classroom instruction in fiscal year 2015. The report contains  a wealth of data pertaining to school finance, including numbers regarding how much is spent on special education.  The 65 page report Public Education Finances: 2015 is available here. Here are some highlights: “School systems in all states and the District of Columbia spent $344.3 billion on classroom instruction,” said Stephen Wheeler,  a project manager with the Census Bureau’s Educational Finance Branch . “This includes spending on salaries for teachers, instructional aides and substitute teachers.” Classroom instruction is defined as activities dealing with the interaction between teachers and students in the classroom or other learning situations. New York and the District of Columbia led the natio...

Special Education Law 101 - Part V #eligibility #identification

Our series providing an introduction to special education law continues.  Previous posts have introduced the two basic concepts underlying IDEA, free and appropriate education and least restrictive environment.  Today's post concerns eligibility and identification. Identification & Eligibility Issues pertaining to identification and eligibility are governed by IDEA § 612(a)(3) and 614 (b)(4)-(6).  See, 34 C.F.R, § 300.121- 300.125, 300.300, 300.306, 300.307 – 300.311.   In summary, to be eligible, a child must have one of the enumerated conditions( mental impairment, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities)(which adversely affects his educ...

Weekly Question!

Who won Endrew F? What do you think? #FAPE STANDARD #IDEA #SCOTUS

Kimberly Richey Named Assistant Secretary of Education for OSERS #OSERS

Secretary of Education Betsy DeVoss has announced the appointment of Kimberly Richey as Assistant Secretary for Special Education and Rehabilitative Services. The press release is available here. According to the Council for Exceptional Children ,  Richey is currently the interim chief advocacy officer at the National School Board Association (NSBA). She is an attorney who specializes in education law and previously served as Counsel of the Oklahoma State Department of Education, according to   her bio on the NSBA site . Your thoughts?

Weekly Question!

Who won Endrew F? What do you think? #FAPE STANDARD #IDEA #SCOTUS

Sometimes My Job Is Pretty Cool #WhereIsJG?

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Breaking: idea.ed.gov Is Back #idea.ed.gov

Remember the very useful website that OSEP had developed with tons of resources for parents and other education stakeholders. We previously reported here that the website had mysteriously disappeared. Well it's back... You can find it here. An additional website about IDEA is available here. The website was lost...and now it's found.