sade096

As we begin 2018, what will be the biggest issue in special education law? #hot button

A recent report by the Center for American Progress shows that students with disabilities aged 3 to 5 make up about 12 % of the early childhood population, yet they represent about 75% of suspensions and expulsions. Alternatively stated, these very young people with disabilities are about 14 1/2 times more likely to be suspended or expelled that their non-disabled peers. Yikes. Here are some other findings: The odds of being suspended or expelled were more than 43 times higher for children with behavioral problems. The odds of being suspended or expelled were 33 times higher for children with ADHD. The odds of being suspended or expelled were more than 14 times higher for children with anxiety. The odds of being suspended or expelled were 10 times higher for children with autism/ASD. The odds of being suspended or expelled were more than 7.5 times higher for children with developmental delays. The odds of being suspended or expelled were more than 4 times higher for children with spee...

As we begin 2018, what will be the biggest issue in special education law? #hot button

The United States Education Commission of the States has issued reports comparing the accountability systems of all of the states. The comparisons contain a wealth of valuable information and allow comparison of the approaches of the various states. The Commission said this about the comparisons: ESSA offers states more authority over their accountability systems than they had under previous federal law. As a result, many states are transitioning from a system focused on assessments and graduation rates to one that incorporates a wider variety of measures of school quality. While each state must weigh the pros and cons of codifying its accountability system, many states’ current policies do not currently align with their ESSA plans. This resource captures an important transition period in state accountability systems by providing a national overview of these systems as described in current state statute and regulation, where available, and in states’ ESSA plans (as of October 2017)....

As we begin 2018, what will be the biggest issue in special education law? #hot button

The United States Commission on Civil Rights has issued a new report concerning the inequities in public school funding. The conclusion of the report is that America's schools are profoundly unequal.  Here are the recommendations of the Commission: Recommendations:   We agree with the Equity and Excellence Commission that the federal government must take bold action to address inequitable funding in our nation’s public schools.   Congress should:   incentivize states to adopt equitable public school finance systems that provide meaningful educational opportunity, promote student achievement for all students, and close achievement gaps where they exist;   incentivize states to ensure adequate funding for students with disabilities, without incentivizing classifying students into special education   incentivize states to invest in facilities which can help to provide an equitable environment for students to achieve.   increase federal funding to su...

As we begin 2018, what will be the biggest issue in special education law? #hot button

So listen: I only run about one ad per year.  I am planning on allowing a few tasteful ads on the blog in the future, but I have so far resisted the temptation to load up a ton of ads. The blog is a lot of work and I spend a lot of time posting what I hope is useful information, but I primarily mean it to be a public service.  Our main goal in establishing this blog eleven years ago was to provide a discussion of special education law issues from an impartial perspective and to put special education stakeholders and practitioners in touch with other available resources. However, I am rethinking the ad policy and I would appreciate your thoughts. Another purpose of the blog, however, is to inform people of the services I offer in the field of special education law.  I, therefore, o occasionally let readers know on these pages some of the resources and services that I make available.  I have a legal update that I want you to buy.   Now available for purchase is a ...

The readers of this blog are very smart. I could write on this topic for many days, but here is a very clear recent example: We recently ran a post on OSEP non-regulatory guidance concerning the meaning of the Endrew F Supreme Court decision. One of our smart readers called to my attention that the OSEP guidance provides the following for Q & A 17: "17. How does the Endrew F. decision impact placement decisions?  Consistent with the decision in Endrew F., the Department continues to recognize that it is essential to make individualized determinations about what constitutes appropriate instruction and services for each child with a disability and the placement in which that instruction and those services can be provided to the child. There is no “one-size-fits-all” approach to educating children with disabilities. Rather, placement decisions must be individualized and made consistent with a child’s IEP. We note that placement in regular classes may not be the least restrict...

The Endrew F decision has been around for a while now, is it making a difference for children with disabilities? #FAPE