After three weeks of being out of school buildings and one week of remote learning, we can all see that the IDEA was not written for pandemics and widespread school closures. While requests for IDEA flexibility have been made, the Department of Education has not indicated whether or when such requests might be granted. Federal and State guidance has been provided but continues to evolve. Educators, administrators, parents, attorneys, states, and the Department of Education are all improvising. In these uncertain times, we recommend schools go back to basics: individualize, communicate, document, and be reasonable. Remember that the FAPE standard is based on what is reasonable under the circumstances.
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Who Let the Dogs . . . In? Five Myths Busted About Service Animals in Schools
When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself? Though these concerns are valid considerations, you might be surprised that in most cases, courts do not find they justify excluding service animals from schools.
The school context is especially complicated because school administrators cannot only think of the rights of the student requesting to bring a service animal to school. Administrators must also consider the needs of faculty and other students and the need to maintain a safe and effective learning environment. Let’s look at the general legal requirements and some common myths to help you determine when and under what circumstances service animals must be permitted.
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The Evaluation Was Supposed to Happen When?! Timing of Special Ed Evaluations Over the Summer
It’s a nightmare scenario: You come back to school rested after a well-deserved summer break to find a parent complaining that their child should have been evaluated over the summer and had an IEP in place on the first day of school. You received the request for an evaluation, either near the end of the school year or during the summer, but those pesky timelines can be so hard to keep up with when the sun is shining and vacation is on the horizon. What rules can help you avoid the timing trap for special education eligibility requests during the summer?
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What You Should Know About the Critical Skills Test for ESY
Summer is upon us and so it’s the season for Extended School Year (ESY) services. What better time than now to brush up on the law in this area? Most special education school leaders are familiar with the regression/recoupment test, but many are less aware of the critical life skills test. What is it, and when does it apply?
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Back to Basics: The Four Questions You Must Ask to Assess Requests for Modifications in Athletics and Extracurricular Activities
We all know by now that some modifications and accommodations are required to provide students with disabilities equal access to extracurricular activities. But the details can be tricky for even the most well-seasoned special education professionals. Our own John Swinney will be tackling this and other exciting student activities topics tomorrow, April 12, 2019, at the Illinois Directors of Student Activities State Convention in Rosemont. He hopes to see many familiar faces there! For those who want a taste of what he will discuss on this hot topic, read on for the four key questions to ask (and insight on how to apply them)!
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Back to Basics: OCR is at the Door – Five Steps to Mount Your Best Defense
Most of the cases the Department of Education’s Office for Civil Rights (OCR) handles involve disability discrimination, including claims that a school failed to implement an IEP or Section 504 plan. In our experience, however, OCR is often an afterthought for school employees who work in the field, and when OCR comes knocking school leaders often feel unprepared. Read on for five tips to help you feel more confident the next time you receive notice of an OCR complaint.
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Accommodation or Modification: What’s the Difference, and Does It Matter?
In the realm of special education, the use of specialized jargon and unique terminology it the norm. Whether it’s terms that seem basic to us now, like “IEP” and “LRE,” or more of-the-minute phrases like “significant disproportionality,” those of us who work in special education law are expected to be fluent in a veritable alphabet soup of terms and phrases. Two of the most confusing phrases that we come across are “accommodation” and “modification,” so much so that a quick review of court, hearing officer, and Office for Civil Rights (“OCR”) decisions shows these terms being used interchangeably, contradictorily, and downright confusingly from day to day. What are the differences between these words, and do those differences matter? Keep reading to find out!
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Back to Basics: Rowley, Endrew F, and the Chevy vs. Cadillac Analogy
We’ve all heard it before—schools only must provide a “serviceable Chevrolet,” not a Cadillac, to afford a student a free appropriate public education (FAPE). The analogy is often associated with the seminal U.S. Supreme Court case known as Rowley, which said that the Individuals with Disabilities Education Act (IDEA) requires only a “basic floor of opportunity,” not that schools “maximize” a child’s educational potential. The “Chevy vs. Cadillac” analogy was coin
ed and used by lower courts after Rowley, and suggests that schools need only provide a bare minimum of services to afford a student FAPE. However, the Supreme Court in Endrew F. recently rejected such a “minimalist” interpretation of the IDEA. Since then, we have wondered about the continued applicability of the Chevy vs. Cadillac analogy—does it still have a place in special education law after Endrew F? We think not, and in this blog post we offer a better analogy for school leaders looking for a key to providing students FAPE. If you’d like to learn more, keep reading.
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