The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain from providing distance learning out of fear that they cannot adequately serve students with disabilities. In the updated guidance, ED advises school districts that the delivery of a free appropriate public education (FAPE) remains required but may look different when schools are physically closed. The guidance also addresses the impact of school closures on special education timelines, including urging schools “to work with parents to reach mutually agreeable extensions of time.” School districts should keep the fact sheet in mind when crafting general distance learning options and specific services and supports for individual students.
Continue Reading Department of Education Stresses Special Education Should Not Discourage Distance Learning Efforts
Department of Education
Back to Basics: The Four Questions You Must Ask to Assess Requests for Modifications in Athletics and Extracurricular Activities
By John Swinney, John Relias & FranczekPC on
Posted in Back to Basics
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)!
Continue Reading Back to Basics: The Four Questions You Must Ask to Assess Requests for Modifications in Athletics and Extracurricular Activities
Back to Basics: OCR is at the Door – Five Steps to Mount Your Best Defense
By FranczekPC on
Posted in Back to Basics, OCR Decisions
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.
Continue Reading Back to Basics: OCR is at the Door – Five Steps to Mount Your Best Defense
Court: ED Can No Longer Delay Obama-Era Significant Disproportionality Rule
By Jennifer Smith & FranczekPC on
Posted in Court Decisions
A District of Columbia trial court issued a ruling today requiring the U.S. Department of Education (ED) to implement a 2016 Obama-era regulation addressing “significant disproportionality” based on race and national origin in special education. What does this mean for schools? The regulation may bring changes to the data that school districts must report to state boards of education for purposes of the significant disproportionality analysis. There will also be changes to the remedial actions schools must take if a significant disproportionality is found. More on this interesting and important decision is after the jump.
Continue Reading Court: ED Can No Longer Delay Obama-Era Significant Disproportionality Rule