On September 29, 2016, the Supreme Court of the United States agreed to hear the case of Endrew F. ex rel. Joseph F. v. Douglas County School
District RE 1, Docket No. 15-187 to decide the question “What is the level of educational benefit that school districts must confer on children with disabilities to provide them with the free appropriate public education guaranteed by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.?” See Appellant’s Petition for Certiorari. At issue is how courts have applied the well-known Rowley FAPE standard, announced by the Supreme Court in 1982, which provides that a school district must provide an individualized education program that allows a child with a disability to receive “educational benefit.” See Bd. of Educ. v. Rowley, 458 U.S. 176, 200 (1982). The Rowley case expressly rejected a potential-maximizing FAPE standard. Id. at 198-99. Since Rowley, lower courts subsequently have described the Rowley standard as ranging from requiring “some” or merely “more than trivial” benefit to requiring “meaningful” benefit. Congress has amended what is now known as the IDEA several times since the Rowley case, most notably in 1986, 1990, 1997, and 2004, but Congress has never expressly provided a standard by which to analyze whether a child’s programming and services substantively provide the child with FAPE.
Continue Reading Supreme Court to Revisit Rowley IDEA FAPE Standard for First Time in Nearly 35 Years
Second Circuit Holds IDEA Eligibility Does Not Automatically Result in Section 504/ADA Eligibility; Practical Implications Are Not That Simple
On September 16, 2016, the U.S. Court of Appeals for the Second Circuit held in a precedential decision that, as a technical legal matter, a
Continue Reading Second Circuit Holds IDEA Eligibility Does Not Automatically Result in Section 504/ADA Eligibility; Practical Implications Are Not That Simple
OSERS Reminds of Need to Consider PBIS; Cautions on Use of Short-Term Removals and Exclusionary Discipline
The United States Department of Education’s Office for Special Education and Rehabilitative Services (OSERS) published a Dear Colleague Letter (DCL) on August 1, 2016 underscoring
Continue Reading OSERS Reminds of Need to Consider PBIS; Cautions on Use of Short-Term Removals and Exclusionary Discipline
Supreme Court Agrees to Hear Special Education Case
On June 28, the Supreme Court of the United States issued an order accepting an appeal out of Michigan in the case Fry v. Napoleon
Continue Reading Supreme Court Agrees to Hear Special Education Case
Transition Bill of Rights – New Notice Requirements
The Transition Bill of Rights for Parents of Students Receiving Special Education Services:
On May 17, 2016, the State Department of Education (“CSDE”) distributed to
Continue Reading Transition Bill of Rights – New Notice Requirements
OSEP Dear Colleague Letter Reminds Districts to Consider Speech/Language Needs for Students with Autism
The Office for Special Education Programs (“OSEP”) within the U.S. Department of Education recently issued a “Dear Colleague Letter” indicating its concern that students with
Continue Reading OSEP Dear Colleague Letter Reminds Districts to Consider Speech/Language Needs for Students with Autism
SDE Weighs in on Parents’ Right to Independent Educational Evaluations
The Connecticut State Department of Education (“SDE”) recently issued a guidance memorandum providing its interpretation of when a parent is entitled to a publicly funded independent educational evaluation (“IEE”) under the Individuals with Disabilities Education Act (“IDEA”) regulations. This SDE guidance comes in the wake of, and includes as a reference, the February 2015 Letter to Baus, issued by the U.S. Department of Education’s Office for Special Education Programs (“OSEP”). Letter to Baus clarified OSEP’s position that if a parent disagrees with a school district’s evaluation, parents may request a publicly funded IEE even in an area not previously assessed by the school district. Letter to Baus was previously discussed in more detail by our colleague, Gwen Zittoun.
At the outset, SDE reminds districts that under the IDEA regulation governing IEEs, school districts have only two choices when a parent requests a publicly funded IEE: (1) ensure that an IEE is provided at public expense, or (2) file for a due process hearing to demonstrate either that the district’s evaluation was appropriate or that the IEE obtained by the parent does not meet district evaluation criteria.Continue Reading SDE Weighs in on Parents’ Right to Independent Educational Evaluations
OSEP Provides Guidance on Parent’s Right to an Independent Educational Evaluation
The topic of independent educational evaluations under the Individuals with Disabilities Education Act (“IDEA”) has, now more than ever, become one of the most discussed and debated topics in special education. The U.S. Department of Education, Office of Special Education Programs (“OSEP”), has provided guidance on a parent’s right to receive an independent educational evaluation (“IEE”), most recently earlier this year in Letter to Baus. In summary, the Letter provides that a parent is not limited to obtaining an IEE only in the area that was assessed by the school district.
Continue Reading OSEP Provides Guidance on Parent’s Right to an Independent Educational Evaluation
OSEP Urges LEAs to Respect Parents’ Choice of Dispute Resolution Process
On April 15, 2015, the Office for Special Education Programs (OSEP) within the U.S. Department of Education issued a Dear Colleague Letter regarding the interaction
Continue Reading OSEP Urges LEAs to Respect Parents’ Choice of Dispute Resolution Process
SDE Releases New “Working Definition” of Dyslexia for Special Education Eligibility
Last year the General Assembly enacted Public Act 14-39, which required the Connecticut State Department of Education (SDE) to add “SLD-Dyslexia” as a separate primary disability category under the existing “specific learning disability” category on the individualized education program (IEP) form. Specific learning disability (SLD) is one of the thirteen enumerated disabilities under which a student may qualify for special education and related services under the Individuals with Disabilities Education Act (IDEA). While the IDEA includes “dyslexia” as an example of an SLD, neither the IDEA nor state law define dyslexia. To address the implementation of Public Act 14-39, SDE formed a working group to develop a “working definition” of dyslexia. SDE recently released this “working definition” in an updated Frequently Asked Questions document and the definition is also included in the revised SDE IEP Manual.
According to the working definition:
Dyslexia is included in the Individuals with Disabilities Education Act (IDEA, 2004) as a specific learning disability. Dyslexia impacts reading, specifically decoding and accurate and/or fluent word recognition and spelling. Dyslexia is neurobiological in origin and is unexpected and/or inconsistent with a student’s other abilities often despite the provision of appropriate instruction. Dyslexia results from a significant deficit in phonological processing (i.e., a persistent difficulty in the awareness of and ability to manipulate the individual sounds of spoken language).
Typically, students with dyslexia have strengths and cognitive abilities in areas such as reasoning, critical thinking, concept formation, problem solving, vocabulary, listening comprehension, and social communication (e.g., conversation). Early identification and appropriate instruction targeting the underlying phonological processing deficits that characterize dyslexia may minimize its educational impact.
Essential Clarifications:
- Dyslexia is not primarily the result of visual, hearing, or motor disability; an intellectual disability; emotional disturbance; a lack of appropriate instruction; cultural factors; environmental or economic disadvantage; or limited English proficiency.
- Early identification of the characteristics of dyslexia is critical, leading to focused, evidence-based interventions, accommodations, self-awareness, self-empowerment, and school and life success.
- Without targeted, systematic and explicit instruction/interventions along with accommodations (e.g., accessible educational materials in content area subjects), students with dyslexia may have:
- reduced reading experiences that may impact the growth of vocabulary and background knowledge,
- difficulty with written expression, and/or
- difficulty learning a second language.
- Students with dyslexia may demonstrate additional behavioral and/or emotional reactions to their difficulty with learning to read.”
Continue Reading SDE Releases New “Working Definition” of Dyslexia for Special Education Eligibility