The special education landscape has changed dramatically in the past few weeks due to COVID-19 related closures. At first, state and federal agencies were asserting that schools need not provide any special education services if they did not provide any educational services at all to any student. This position was flawed and frankly wrong. In response, we joined with civil rights advocates from across the country to ensure students’ rights to a free appropriate public education (FAPE). As part of these efforts, we joined with other leaders and submitted this letter to the Massachusetts Department of Elementary and Secondary Education (DESE). A few days later we spoke directly with the Education Commissioner and explained even in these challenging circumstances the right to a FAPE is remains.
School Closures, Special Education Rights, and COVID-19
NOTE: THIS GUIDANCE HAS BEEN REPLACED WITH A CLEAR STATEMENT THAT STUDENT’S RIGHT TO FAPE CONTINUES DURING COVID CLOSURES. YOU CAN READ THAT HERE.
U.S. Department of Education Answers Questions About FAPE
On December 7, 2017, the United States Department of Education ("U.S. DOE") published a document aiming to help parents and other stakeholders better understand the U.S. Supreme Court's decision in Endrew F. v. Douglas County School District, 137 S. Ct. 988.
2017 Year in Review
2017 was an eventful year in the world of special education. At the national level, the U.S. Supreme Court decided Endrew F., its first special education case in over thirty years. The unanimous Court held that FAPE requires a school to offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." The Court further emphasized that “every child should have a chance to meet challenging objectives.”
U.S. DOE Answers Questions about FAPE
On December 7, 2017, the United States Department of Education ("U.S. DOE") published a document aiming to help parents and other stakeholders better understand the U.S. Supreme Court's decision in Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988.
US Department of Education Releases Significant Guidance on Rights of Students with ADHD
US DOE Defines "General Education Curriculum"
Oregon School District Faces Retaliation Claim from Former Special Educator
A recent story from Portland, Oregon caught my eye. An occupational therapist is suing her former school district, claiming she was fired for reporting violations of special education law. The occupational therapist claims that her schedule did not permit her to service all children who needed it, as required by law. Instead, the school district allegedly told her to only service the students whose "parents are litigious." You can read the entire article here.
How Many Hours of Home / Hospital Tutoring Does the School Have to Provide?
DLC Releases Transition Manual
The Massachusetts Disability Law Center recently published an online manual on special education transition services. You can access the entire document here.