June 2022 – Special Educator e-Journal

Table of Contents

• Special Education Legal Alert. By Perry A. Zirkel
• Buzz from the Hub
• Parental Right to Participate in Meetings
• Right to Receive a Complete Explanation of IDEA’s Procedural Safeguards
• Confidentiality and Access to Student Records
• Requesting an Initial Evaluation for Special Education Services
• Education Department Urges Colleges to Use American Rescue Plan Funds to Provide Mental Health Supports to Students
• U.S. Department of Education Announces Intent to Strengthen and Protect Rights for Students with Disabilities by Amending Regulations Implementing Section 504
• Office for Civil Rights Reaches Resolution Agreement with Nation’s Second Largest School District, Los Angeles Unified, to Meet Needs of Students with Disabilities during COVID-19 Pandemi
• Latest Employment Opportunities Posted on NASET 
• Acknowledgements

Special Education Legal Alert

By Perry A. Zirkel

© May 2022

This month’s update identifies two recent court decisions that address various FAPE issues and remedies for students with dyslexia or behavioral disorders. For related articles, special supplements, and earlier monthly updates, see perryzirkel.com.

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Buzz from the Hub

All articles below can be accessed through the following links:

https://www.parentcenterhub.org/buzz-april2022-issue1/

https://www.parentcenterhub.org/buzz-march2022-issue1/

https://www.parentcenterhub.org/buzz-feb2022-issue2/

https://www.parentcenterhub.org/buzz-feb2022-issue1/

https://www.parentcenterhub.org/buzz-jan2022-issue2/

Advancing Equity and Support for Underserved Communities
In keeping with President Biden’s Executive Order, signed on his first day in office, federal agencies have now issued Equity Action Plans for addressing equity issues in their individual agency scope and mission. These plans are quite relevant to family-led and family-serving organizations, especially plans from the Departments of Education, Justice, and Health and Human Services.

Fast Facts: Students with disabilities who are English learners (ELs) served under IDEA Part B
OSEP’s Fast Facts series summarizes key facts related to specific aspects of the data collection authorized by IDEA. This newest Fast Facts gives you data details about students with disabilities who are also English learners. (Want to see what other Fast Facts are available?)

Asian Americans with Disabilities Resource Guide
The Asian Americans With Disabilities Resource Guide was designed for Asian American youth with disabilities, allies, and the disability community in mind, in response to the significant information gap about Asian Americans with disabilities. Chapters include Advocacy 101, Accessibility, Culture, Allyship, and Resources.

Strategies for Partnering on Culturally Safe Research with Native American Communities
To identify strategies for promoting cultural safety, accountability, and sustainability in research with Native American communities, Child Trends assessed peer-reviewed and grey literature (e.g., policy documents and guidelines). Findings? To rebuild trust and improve health outcomes, research collaborations with Native American communities must be community-based or community-engaged, culturally appropriate, and recognize tribal sovereignty in the collection and use of data.

Understanding Screening
This toolkit helps educators and parents learn about screening and how screening can help determine which students may be at risk for reading difficulties, including dyslexia. From the National Center on Improving Literacy.

Inside an Evaluation for Learning Disorders
(Also available in Spanish: Un vistazo a una evaluación para los trastornos del aprendizaje)
If a child is struggling in school, the first step to getting help is an evaluation. A learning evaluation can give parents and the child’s teachers valuable information about the child’s strengths and weaknesses. It can also reveal what kind of support would be helpful. A full evaluation is necessary for a child to be diagnosed with a learning disorder. To help parents understand the process, the Child Mind Institute and Understood.org teamed up to create this 20-minute video that walks us through the evaluation process.

Education Data 101
(Also available in Spanish: Datos educacionales: Nociones básicas)
This FAQ on data shares resources you need to understand why education data is a critical tool for supporting individuals, families, educators, and communities. From the Data Quality Campaign.

Parents Are Getting Access to Student Data, But How Can We Support Them to Use It?
With the right supports, parents can be savvy data consumers who actively engage with their students’ data. In many places around the country, school leaders are already taking creative measures to bridge this gap between simple communication and engagement. This article highlights examples.

Sharing Info about State Assessments with Families of Children with Disabilities
(Also available in Spanish)
In February, CPIR teamed with NCEO to spotlight NCEO’s amazing new resource, the Participation Communications Toolkit. The highly customizable toolkit is designed for stakeholders to use in discussing and making decisions about how children with disabilities will participate in state assessments.

Q&A on Serving Children with Disabilities Placed by Their Parents in Private Schools
(Also available in Spanish)
This OSEP webinar for Parent Centers answers questions about states’ obligations to provide equitable services (versus FAPE) to children with disabilities who are placed in private schools by their parents. Simultaneous Spanish interpretation was also provided. Find the 2 YouTube videos, a PDF of the presentation slides, the guidance document, and more at the link above.

The Importance of Community in Indigenous Peoples’ Healing
In this March 2022 blog post, the National Alliance for Mental Illness (NAMI) reflects on the power of community in Native American life, saying “Being an active part of a community that allows us to feel seen is truly an invaluable feeling. When we feel seen and connected as humans, our healing expands.”

The Incredible Power of Purpose
(Also available in Spanish: Cómo ayudar a un nino a encontrar su propósito)
Having a clear sense of purpose in life has unlimited benefits for a child. This Great Schools resource includes a worksheet/activity designed to help teens explore and define their unique purpose in life.

Mental Wellness in the Black Community
From the National Alliance on Mental Illness (NAMI), Sharing Hope is a 3-part video series that explores the journey of mental wellness in Black communities through dialogue, storytelling, and guided discussions.

Compartiendo Esperanza: Mental Wellness in the Latinx Community
Also from NAMI comes Compartiendo Esperanza. It, too, is a 3-part video series, this one focusing on mental wellness in Hispanic/Latino communities, through dialogue, storytelling, and guided discussions

Native Hope: Reflecting on Our Foundations
Understanding Native American culture is critical when conducting outreach to tribes, communities, and Native families with children who have disabilities. Native Hope is a resource that helps Native communities meet their needs. It also offers candid and poignant articles on its website that can enrich Parent Center understanding of Native American history, culture, and values, both historically and in the present. 

Sharing Info about State Assessments with Families
(Also available in Spanish) Riches, indeed, are shared in this Febrary 11th CPIR webinar, which focuses on NCEO’s new (and quite amazing!) resource, the Participation Communications Toolkit. You’ll love the toolkit; it’s designed for stakeholders of all stripes to use in discussing and making decisions about how children with disabilities will participate in state assessments. The webinar highlights the role that Parent Centers in particular can play in supporting the family’s role as one of the primary decision makers about their child’s participation.

Return to School | Child Find and Early Intervention Services
(Also available in Spanish) This February 2nd webinar features presenters from OSEP as they elaborate on two of OSEP’s recent Return to School Roadmaps, both focused on Part C: (1) Child Find, Referral, and Eligibility; and (2) Provision of Early Intervention Services. Both roadmaps are also available in Spanish, as is this webinar.

Introduction to the Vocational Rehabilitation Program
(Also available in Spanish) Want to learn more about the services available from the vocational rehabilitation system for people with disabilities? Check out this January 24th webinar from the RAISE Center. It covers eligibility, developing the Individualized Plan for Employment, available services, and financial factors to consider. Links to the captioned English and Spanish versions are given at the bottom of the page linked above.

Honoring Black History Month: Unsung Heroes of the Disability Rights Movement
The month of February is dedicated to honoring the long history of Black Americans and their many contributions to society. In this article, NCLD (National Center for Learning Disabilities) highlights the stories of Black heroes whose vision, commitment, and activism helped advance progress for people with disabilities.

Plain Language Made It Easy
(Also available in Spanish) | The RAISE Center and PEATC (Virginia’s PTI) collaborated to develop this resource guide and video in English and Spanish to assist people in making their documents accessible to everyone.

Federal Funding Support Specifics
In March 2021, the American Rescue Plan (ARP) Act was signed into law. It included $122 billion for states and school districts to help safely reopen and operate schools and address the impact of the pandemic on students. Want to know more about ARP funding for your state? How about what your state proposed to do with those funds? Find out at the link above, posted by the Office of Elementary and Secondary Education at the U.S. Department of Education.

The Department’s January 2022 press release on the approval of all state plans and the distribution of funds to states highlights what SEAs and school districts are doing to address the urgent needs of their schools with ventilation improvements, staff hiring and retention, mental health services, high-dosage tutoring programs, after-school and summer learning partnerships, and more.

Support for COVID-19 Screening Testing in Schools
Heard of the ELC at the CDC? In April 2021, it awarded $10 billion from the ARP on behalf of CDC to 62 recipients to support COVID-19 screening testing and other mitigation activities in K–12 schools for teachers, staff, and students. Use the USA map to find out about the screening programs and plans in your state. Funding is available through July 31, 2022.

Competitive Integrated Employment (CIE) Toolkit
This toolkit is a resource for educational and vocational rehabilitation agencies in improving post-school employment outcomes for students with disabilities. It’s meant to facilitate the collaboration necessary to implement secondary transition services across agencies at the state, community, and student levels and increase the use of evidence-based practices (EBPs). From NTACT, the National Technical Assistance Center on Transition.

Pros and Cons of Disclosing a Disability to Employers
(Also available in Spanish: Ventajas y desventajas de revelar a los empleadores que tiene una discapacidad)
Starting a new job can make teens and young adults feel excited, independent, and maybe nervous. They’re expected to learn new skills and routines, interact with new people, and make decisions. One of the biggest decisions is whether to tell their employer about any learning and thinking differences.

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Parental Right to Participate in Meetings

The right to participate in meetings related to their child is one of the most important and powerful of parent rights.

Responsibilities of the School System

It’s interesting to note the direct connection between the parents’ right to participate in specific meetings and groups and the responsibilities that the school system has as a result. For example, IDEA states:

(b) Parent participation in meetings. (1) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to—

(i) The identification, evaluation, and educational placement of the child; and

(ii) The provision of FAPE to the child.  [§300.501(b)(1)]

Immediately after this statement, IDEA focuses on the corresponding responsibility of the school system:

(2) Each public agency must provide notice consistent with §300.322(a)(1) and (b)(1) to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (b)(1) of this section. [§300.501(b)(2)]

When must the school notify parents?

The school must notify parents about upcoming meetings early enough to ensure they have the opportunity to attend. It must also schedule the meeting at a mutually agreed on time and place.

What information must the notice to parents include?

When the school notifies parents of an upcoming meeting with respect to their child with a disability, it must:

• indicate the purpose, time, and place of the meeting;
• indicate who will be attending the meeting; and
• inform parents of IDEA’s provisions regarding the participation of others on the IEP team who have knowledge or special expertise about the child. (6)

What is this last point referring to? “…IDEA’s provisions regarding the participation of others…” It’s referring to IDEA’s provisions (7) that, at the discretion of either the school or the parents, other individuals who have knowledge or special expertise regarding the child may be invited to participate in the IEP meeting as members of the IEP team. For example, related services personnel (e.g., a speech language therapist or physical therapist) may be invited (if appropriate) if they have knowledge or special expertise about the child—the same as a teacher, specialist, friend, or family member with special expertise or knowledge of the child might be.

• Who determines if the person to be invited has knowledge or special expertise about the child? According to IDEA, the party (parents or the school) that invites the person to be a member of the IEP team. Thus, it’s not necessary to demonstrate or prove the person’s knowledge or special expertise regarding the child.

Additional Information in Certain Circumstances

There are two occasions when the notice to parents from the school must include additional information:

• when their child is moving from an early intervention program to school-aged special education services; and
• when one of the purposes of the IEP meeting will be to consider postsecondary goals and transition services for the child.

When the child is moving from early intervention to special education services. Is your child currently receiving early intervention services under Part C of IDEA? Is he or she moving now to receiving special education services under Part B? This usually happens sometime around the third birthday. If so, the school must call an IEP meeting in order to develop an individualized education program for your child. If this notice from the school is for the initial meeting of the IEP team for a child under Part B, then the school must also inform you, as parents, that, if you so choose, the Part C coordinator from the early intervention program (or other representatives of the Part C system) can be invited to the first meeting of the IEP team for the child. The purpose? To ensure the child’s smooth transition from one system of services to another.

Inviting the Part C coordinator to the meeting is not automatic. It’s at the discretion of the parents. If you, as parents, would like the Part C coordinator (or other representative of the Part C system) to attend the meeting, share your wishes with the school, who will then issue the invitation.
 
When a purpose of the meeting is to consider postsecondary goals and transition services for your child. IDEA requires that each child with a disability begin to plan for transition to adult life beginning no later than the first IEP to be in effect when the child turns 16 years old (or younger, if the IEP team determines that starting sooner would be appropriate).

 Is this the case with your child? Is one of the purposes of the upcoming meeting to consider postsecondary goals and transition services for your child? If so, then the notice provided to parents by the school must:

• indicate that planning for transition will be one of the purposes of the meeting;
• indicate that the school will invite the students; and
• identify any other agency that will be invited to send a representative (the school will need your permission before it may invite that representative).

What happens if neither of the parents can attend the meeting?

If neither parent can attend the IEP team meeting, the school must use other methods to ensure their participation, including individual telephone calls or conference calls.

May the school hold the meeting without the parent(s) in attendance?

Yes, the school may hold the meeting without the parent(s) attending, if neither of the child’s parents is able to attend. In this case, the school just document its attempts to arrange a mutually agreed upon time and place for the meeting, such as:

• a detailed record of all phone calls made or attempted, and the results of each;
• copies of correspondence sent to parents and whatever reply was received; and
• a detailed record of visits made to the parents’ house or place of employment, and the results of these visits.

What is not considered a “meeting”?

IDEA stipulates the limits of the term “meeting” and what we can consider a “meeting” that’s subject to IDEA’s requirements with respect to parent notification and participation. A “meeting” does not include:

• informal or unscheduled conversations that involve school personnel;
• conversations on topics such as teaching methodology, lesson plans, or the coordination of service provision; or
• preparatory activities that school personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

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Confidentiality and Access to Student Records

Personally Identifiable Information

Personally identifiable information refers to information that includes:

• the name of the child, parent, or other family member;
• the child’s address;
• a personal number (such as the social security number or a student number); or
• a list of personal characteristics or other information that would permit the child’s identification with reasonable certainty.

With some exceptions, you (as a parent) must give your consent before the school system may disclose your child’s personally identifiable information. These exceptions are specified by policies in your state in keeping with the regulations at §99.31 of FERPA, the Family Educational Rights and Privacy Act. IDEA’s confidentiality regulations refer directly to FERPA. You have the right to know the policies used in your state regarding the collection, storage, disclosure to third parties, and destruction of your child’s personally identifiable information. You should be able to obtain this information (on your state’s policies) from the director of special education in your school district or from the State Department of Education.

Access to Your Child’s Records

Access to the educational records of their children is often a concern of parents. In keeping with the requirements of FERPA, only certain individuals, in addition to yourself as the parent, may have access to your child’s records. These individuals may include, for example, teachers or administrators of the school or state who have a legitimate interest in the records. The school or other participating agency is obligated to keep a record of all interested parties who have accessed your child’s educational records that are collected, maintained, or used under Part B of IDEA (with the exception of parents and authorized employees of the agency). This record must include the name of the person who had access to the child’s records, the date, and the purpose for which the person was authorized to use the records.

Parents’ Right to Inspect Their Child’s Records

IDEA guarantees you, as parents, the right to inspect and review any educational record of your child that the school system (or other participating agency) collects, maintains, or uses with respect to the identification, evaluation, and educational placement of your child, and the provision of FAPE (a free appropriate public education) to your child. Here are the specifics of IDEA’s regulations.

 Parent Rights

Parents can inspect and review educational records with respect to their child’s evaluation, identification, and placement; and the provision of FAPE. [§300.501(a)]

Parents can request explanations and interpretations of the records. [§300.613(b)(1)]

Parents can request copies of the records if not receiving copies would effectively prevent the parents from exercising their right to inspect and review those records. [§300.613(b)(2)]

Parents can request that their representative be given access to inspect and review the records. [§300.613(b)(3)]

 Schools’ Rights and Responsibilities

Schools must comply with a parent’s request to inspect and review records without unnecessary delay before any meeting—regarding an IEP, a hearing or resolution session, and in no case more than 45 days after the request has been made. [§300.613(a)]

Schools must respond to reasonable requests for explanations and interpretations of the records. [§300.613(b)(1)]

Schools can charge a fee for copies of records made for parents, if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. [§300.617(a)]

Schools may not charge a fee for searching for, or retrieving, a child’s records for parents. [§300.617(b)]

Parents’ Right to Ask that the Records Be Amended

If parents believe that the information contained in their child’s records is inaccurate or misleading or that the information there violates the privacy or other rights of their child, they may ask the school system that maintains the information to amend it. The agency must decide, within a reasonable amount of time, if it is going to comply with the parents’ request or not. If the agency decides to refuse the request, it must inform the parents of that decision and indicate their right to ask for a due process hearing on the matter. If you, as a parent, decide to dispute the school system’s decision in a due process hearing, you have the right to present evidence that demonstrates why you think the information in your child’s records should be amended. You also have the right (at your own expense) to be assisted or represented by one or more individuals selected by you, including an attorney.

The hearing must be conducted by an individual who has no direct interest in its result. After the hearing, the educational agency must issue its determination in writing within a reasonable amount of time. That determination must be based solely on the evidence presented in the hearing and must include a summary of the evidence and the reasons for the determination. If the result of the hearing is favorable to you, the school system must amend your child’s records and inform you in writing that it has done so. On the other hand, if the result of the hearing is that the information about your child is not inaccurate or misleading, or does not violate your child’s privacy or other rights, then the school system must inform you, as parents, that you have the right to add a statement to your child’s records commenting on the information that has been under dispute and presenting the reasons you do not agree with it.

The district must attach your statement to the records and maintain it there as long as the agency maintains the records. If your child’s records (or the part that’s under dispute) is disclosed by the agency to any other person, your statement must also be disclosed to that person.

IDEA adds another provision regarding educational records and the inclusion of discipline information in them. The state can require the school system to include in a child’s records a statement of any disciplinary action (current or past) taken against the child. This statement must be transmitted to the same extent that disciplinary information would be included in, and transmitted with, the school records of children without disabilities. [§300.576(a)]  The statement may include:

• a description of the child’s conduct that gave rise to the disciplinary action;
• a description of the disciplinary action that was taken; and
• any other information that is pertinent to the safety of the child and others involved with the child.

If the state adopts such a policy, and the child moves from one school to another, the transmission of any of the child’s records must include the current IEP of the child and any statement of current or past disciplinary action taken against the child.

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Education Department Urges Colleges to Use American Rescue Plan Funds to Provide Mental Health Supports to Students

The U.S. Department of Education published new guidance to assist institutions in providing mental health supports for students, faculty, and staff. The guidance will help colleges support students as they navigate mental health challenges exacerbated by the pandemic. It also includes specific examples of how colleges can use Higher Education Emergency Relief Funds (HEERF) to invest in evidence-based mental health supports for students and connect the campus community to providers and care. The guidance highlights leading colleges already using HEERF funds for these efforts. The Department’s efforts build on President Biden’s Unity Agenda goal of transforming how Americans understand, access, and treat mental health and is being released during Mental Health Awareness Month.

“If there is one thing I’ve heard while speaking with college students throughout the nation, it’s been the need for greater mental health supports on campus,” said U.S. Secretary of Education Miguel Cardona. “We must make sure our colleges and universities have the tools and resources to help students, faculty, and staff heal from the grief, trauma, and anxiety they endured amid the pandemic. Today’s guidance will equip higher education leaders with promising strategies for how they can use American Rescue Plan dollars to connect students to the services they need and to better support mental health and wellness throughout their campus communities.”

Later today, Secretary Cardona will highlight the guidance and discuss how federal funds, including support from the American Rescue Plan, can play a critical role in addressing mental health during a virtual roundtable with students at the University of California, Riverside. The university used federal pandemic relief funds to provide immediate crisis support and teletherapy to students and expanded wellness resources for staff.

College students, faculty, and staff have been particularly impacted as losses from COVID-19 and disruptions in the learning environment have led to increased anxiety and depression. According to a Fall 2021 survey of college presidents conducted by the American Council on Education, nearly 75 percent rated student mental health as a pressing issue. Data from the Centers for Disease Control and Prevention (CDC) indicates that 63 percent of 18-24-year-olds have reported anxiety or depression due to the COVID-19 pandemic, while 25 percent have had suicidal thoughts.

The American Rescue Plan provided nearly $40 billion for colleges and universities through HEERF, in addition to $36 billion provided under previous relief packages. This funding has helped colleges – particularly community colleges and institutions enrolling students from underserved groups – meet urgent public health needs related to the pandemic.

Examples of how colleges can use HEERF to offer mental health supports include:

• Strengthening mental health resources:
  • Telehealth: Lac Courte Oreilles Ojibwe College in Wisconsin – a tribal college – partners with a mental health platform to allow all students and faculty on-demand, 24/7 access to counselors.
  • In-person professionals: Sinclair Community College in Ohio hired a social worker to provide case management to students. 
• Connecting students to care:
  • Gatekeeper training/suicide prevention training: Davidson-Davie Community College in North Carolina provided gatekeeper trainings and materials to over 30 faculty and staff.
  • Call/Text hotline: State University of New York at Albany runs a student peer phone hotline to allow students to call with mental health concerns or to talk.
• Creating long-lasting support:
  • Suicide Prevention Coordinating Committee: North Carolina Central University – a historically black university – created a suicide prevention coordinating committee to develop on-campus resources and a suicide response plan.

Today’s guidance provides examples of how institutions can continue offering mental health supports to students, faculty, and staff through existing HEERF funds. Initial investments in high-impact mental health projects can be made now, with ongoing support of successful programs from philanthropic efforts, local partnerships, or other funding sources.

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U.S. Department of Education Announces Intent to Strengthen and Protect Rights for Students with Disabilities by Amending Regulations Implementing Section 504

Forty-five years after publication of the regulations implementing Section 504 of the Rehabilitation Act of 1973, the landmark disability civil rights law, the U.S. Department of Education announced plans to gather public input on possible amendments to those regulations in order to strengthen and protect the rights of students with disabilities. Section 504 prohibits discrimination on the basis of disability in public and private programs and activities that receive federal financial assistance, including schools and postsecondary institutions.

The Department’s Office for Civil Rights will solicit public comments to help decide how best to improve current regulations to assist America’s students with disabilities. May is Mental Health Awareness Month and, as part of the President’s Unity Agenda, President Biden announced a strategy to address our nation’s mental health crisis. The work that OCR will do this month to listen to and solicit public input regarding improvements to the Department’s disability rights regulations will include input from those people with disabilities who also have mental health needs and their advocates.

“While the world has undergone enormous changes since 1977, the Department’s Section 504 regulations have remained, with few exceptions, unaltered,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “As we observe the 45th anniversary of these important regulations this month, it is time to start the process of updating them. Just as in 1977, the voices of people with disabilities must be heard and incorporated as we engage in that work.”

In April 1977, hundreds of people with disabilities and their supporters held protests at several of the regional offices of the Department of Education’s predecessor agency demanding that the agency approve the long-delayed non-discrimination regulations implementing Section 504 to protect the civil rights of people with disabilities. The protest in the Department’s San Francisco office lasted nearly a month, until the Secretary signed the regulations without change on April 28, 1977.  They were formally published on May 9, 1977.

The Department’s Section 504 regulations were the first issued by the federal government that addressed the treatment of people with disabilities through a civil rights framework, rather than through solely a medical or vocational framework. In the years that followed, these regulations served as a model for the regulations of other federal agencies and were the foundation for many of the provisions of the Americans with Disabilities Act of 1990.

For more than four decades, OCR has worked to eliminate disability discrimination in schools—including public pre-K through high schools, as well as postsecondary schools—by investigating complaints alleging violations of the regulations, conducting proactive investigations, issuing policy guidance, and providing technical assistance. On April 28, the Department announced a resolution agreement with the second-largest school district in the country, Los Angeles Unified School District, requiring it to take steps necessary to ensure that students with disabilities receive educational services, including compensatory services, during and resulting from the COVID-19 pandemic.

As part of the development of the proposed amendments to the Section 504 regulations, the Department is soliciting public input. Interested parties may go to www2.ed.gov/policy/rights/reg/ocr/ to submit comments. The Department will also hold listening sessions in the coming months.

Any comments received may be made available to the public, so commenters should avoid including any personal information that they want to keep confidential.  In addition, the Department intends to rely on prior feedback received in response to an earlier Request for Information regarding the nondiscriminatory administration of school discipline, and other information, to decide what changes would be most appropriate to include in a notice of proposed rulemaking.

The Department and OCR are committed to fulfilling Congress’ promises in Section 504 and to advancing progress in partnership with people with disabilities and the full educational community.

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Office for Civil Rights Reaches Resolution Agreement with Nation’s Second Largest School District, Los Angeles Unified, to Meet Needs of Students with Disabilities during COVID-19 Pandemic

The U.S. Department of Education’s Office for Civil Rights (OCR) resolved an investigation of the Los Angeles Unified School District in California with an agreement requiring it to take steps necessary to ensure that students with disabilities receive educational services, including compensatory services, during and resulting from the COVID-19 pandemic.

OCR investigated the district’s provision during the pandemic of the free appropriate public education (FAPE) to which federal civil rights law entitles students with disabilities. OCR’s investigation found that the district failed to provide services identified in students’ Individualized Education Programs (IEPs) and Section 504 plans during remote learning. For example, OCR found that during remote learning, the district:

• Limited the services provided to students with disabilities based on considerations other than the students’ individual educational needs.
• Failed to accurately or sufficiently track services provided to students with disabilities.
• Directed district service providers to include attempts to communicate with students and parents—including emails and phone calls—as the provision of services, documenting such on students’ service records.
• Informed staff that the district was not responsible for providing compensatory education to students with disabilities who did not receive FAPE during the COVID-19 school closure period because the district was not at fault for the closure. And,
• Failed to develop and implement a plan adequate to remedy the instances in which students with disabilities were not provided a FAPE during remote learning.

The district agreed to resolve these violations by creating and implementing a comprehensive plan to address the compensatory education needs of students with disabilities due to the COVID-19 pandemic.

“Today’s resolution will ensure that the more than 66,000 Los Angeles Unified students with disabilities will receive the equal access to education to which federal civil rights law entitles them, including compensatory education for any services the district did not provide during the COVID-19 pandemic,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “I am deeply grateful for the district’s commitment now to meet the needs of its students with disabilities.”

Through implementation of the resolution agreement the district will:

• Develop and implement a plan to appropriately assess and provide compensatory education to students with disabilities who did not receive a FAPE during the COVID-19 pandemic.
• Designate a plan administrator to implement the plan for assessment of compensatory education.
• Convene IEP and Section 504 teams to determine whether students were not provided the regular or special education and related aids and services designed to meet their individual needs during remote learning and determine compensatory education.
• Track and report to OCR the implementation of the plan for compensatory education. And,
• Conduct outreach to parents, guardians, students, and other stakeholders to publicize the plan for compensatory education and the role of the plan administrator

The Department of Education made it a top priority since the beginning of the Biden Administration to reopen schools quickly and safely, and ensure all students, including students with disabilities, had equal access to high-quality education during the COVID pandemic. While the Department made clear that students learn best in-person and that states and districts should be using the $130 billion in American Rescue Plan Elementary and Secondary School Emergency Relief (ESSER) funds to bring students back to in-person learning, it also underscored the importance of supporting students with disabilities and other communities disproportionately impacted during the shift to remote learning.

As part of these efforts, OCR earlier this year released a fact sheet on the obligation to provide compensatory services to remedy educational or other deficits that result from students with disabilities not receiving evaluations or services to which they were entitled during the COVID-19 pandemic. Likewise, the Department’s Office of Special Education and Rehabilitative Services released guidance that addresses the requirement to provide compensatory services under the Individuals with Disabilities Education Act (IDEA).

In addition, the Department’s Office of Elementary and Secondary Education in December published a resource focused on allowable uses of funding under ESSER and GEER (the Governor’s Emergency Education Relief fund) to prevent, prepare for, and respond to the COVID-19 pandemic. The FAQ specifically highlights: (1) providing educational and related services under Section 504, including, but not limited to, providing additional instruction and services to students with disabilities, often referred to as compensatory services, to make up for any skills that might have been lost if it is individually determined that the student was unable to receive a FAPE as a result of school closure or other COVID disruption; and (2) supporting students with disabilities under the IDEA, including by eliminating evaluation backlogs and providing support and direct services, such as technical assistance, personnel preparation, and professional development and training.

Under the American Rescue Plan ESSER fund, LA Unified School District received over $2.5 billion in funds to support the safe and sustained reopening of schools and recovery efforts.

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Latest Employment Opportunities Posted on NASET 

*Special Education Teacher – The Special Education Teacher will teach at one of our Network campuses. The Special Education Teacher will be responsible for planning lessons and curricula, administering assessments, collecting and analyzing data, and relentlessly supporting students to achieve academic excellence. To learn more- Click here

* Special Education Teacher – Guides the learning process toward the achievement of IEP goals, establishes clear objectives for all lessons, units, and projects, and is able to communicate effectively with students, staff, and parents as supervised by the building principal. To learn more- Click here

* [2022-2023] High School Learning Specialist – Reporting to the Academic Dean, the High School Learning Specialist will be responsible for building meaningful relationships with students, implementing a Common Core-aligned curriculum, and working with their grade team to analyze data to drive instruction. This is an exciting opportunity for an educator who is passionate about improving student outcomes by leading excellent instruction and building a positive school culture. To learn more- Click here

* Special Ed Intellectual Disabilities Teacher, ES, MS, HS – Provides and is accountable for the planning, assessment, instruction, communication, human relations, safety, and management of a classroom or assigned instructional setting. Supports FCPS mission to “inspire, enable, and empower students to meet high academic standards, lead ethical lives, and demonstrate responsible citizenship.” To learn more- Click here

* Special Ed Learning Disabilities Teacher, ES, MS, HS – Provides and is accountable for the planning, assessment, instruction, communication, human relations, safety, and management of a classroom or assigned instructional setting. Supports FCPS mission to “inspire, enable, and empower students to meet high academic standards, lead ethical lives, and demonstrate responsible citizenship.” To learn more- Click here

* Special Ed Multiple Disabilities Teacher, ES, MS, HS – Provides and is accountable for the planning, assessment, instruction, communication, human relations, safety, and management of a classroom or assigned instructional setting. Supports FCPS mission to “inspire, enable, and empower students to meet high academic standards, lead ethical lives, and demonstrate responsible citizenship.” To learn more- Click here

* Special Education Teacher – Autism – Responsible for planning, implementing, and evaluating instructional activities for special education students. Create a flexible class environment favorable to learning and personal growth; establish effective rapport with students; motivate students to develop skills, attitudes, and knowledge in accordance with each student’s ability; and establish good relationships with parents and other staff members. To learn more- Click here

* Middle School Special Education (Directed Studies) Language Arts Teacher – The Upper School Special Education (Directed Studies) Language Arts Teacher is given the duty of instructing students on such a level as to allow them to obtain proficiency in their subject levels at a grade-appropriate level. To learn more- Click here

* Rockstar Elementary Trained Special Education Teacher – Our school works as a team. If you are looking for a job where you can fulfill your passion for working with students with learning differences, we would like to hear from you. As one of the few schools in Oregon devoted to students with learning differences and the only one focused exclusively on middle school, Bridges offers its 5th through 8th grade students small class sizes, differentiated instruction, and a safe place to learn and grow. To learn more- Click here

* Educational Specialist – Environmental Charter Schools is seeking a talented and dynamic Educational Specialist with a Moderate/Severe credential who is passionate about ensuring educational equity for students with exceptionalities. This position provides the opportunity to partner with special education and general education teachers across three campuses in order to prepare low-income students of color with exceptionalities for college success. To learn more- Click here

* Special Education Teacher – We are recruiting for three Special Education Teachers to serve Quest Academy Day Treatment Center in Longview, WA for the 2022-2023 school year. These positions are full time, 192 day contracts. To learn more- Click here

* Coordinator of Academic and Disability Services – Centenary College of Louisiana invites applications for the position of Coordinator of Academic and Disability Services. This is a full-time, twelve-month position. Reporting to the Director of the Center for Teaching and Learning, the Coordinator will work closely with the College’s student success team and faculty to coordinate academic support and disability services in accordance with the ADA and in support of Centenary’s mission to prepare global citizens to live productive lives of vitality and purpose. To learn more- Click here

* The SEED Public Charter School of Washington DC:  Multiple Positions – SEED DC is looking for its new cohort of intentional, proactive, and enthusiastic teachers in Washington, D.C. As a SEED DC teacher, you’ll teach SEED DC’s curriculum in dynamic, participation-oriented classes and cultivate a learning environment that supports and encourages students to develop and realize their academic potential. You’ll also collaborate with other instructional staff, school personnel, and SEED DC’s senior leadership team to help advance SEED’s mission of supporting scholars to and through college completion. To learn more- Click here

* Coordinator, Life and Career Studies – Residential Program for Students with Intellectual Disabilities – Lakeland University seeks a mission-oriented individual passionate about creating a more inclusive world to develop and coordinate an innovative program for students with intellectual disability slated to open on its Sheboygan campus in Fall 2023. This four-year residential program is designed to prepare students for meaningful employment, as well as independent and community living. The coordinator will play an important leadership role in designing the program as well as overseeing its implementation. To learn more- Click here

* Special Education Teacher – The Moffat County School District truly believes that students, staff, families and community all play a vital role in the success and growth of our students and school district as a whole. As our district works on getting back to a new normal the following statement has never been more true than it is today. Moffat County School District strives to find qualified, skilled and motivated individuals to join our great team that is committed to educate and inspire students to thrive in an environment of change. To learn more- Click here

* Special Education Teacher – The Halton School, an independent school for students with Asperger’s, is looking for a Special Education teacher. The teacher will provide special education instruction to students in a small multi-grade class. The teacher will utilize a variety of teaching methods to meet students’ educational needs and adapt and develop instructional materials accordingly. To learn more- Click here

* Special Education Teacher (Multiple Positions) – Located in the Salish Sea off the northwest coast of Washington State, San Juan Island is the largest of the many islands in the world-famous archipelago of the same name. Approximately seven thousand permanent residents share this fifty-five square mile natural paradise. Connected to the mainland by ferry, float plane and small airlines, island living combines a cohesive small-town community with comprehensive services and commercial diversity unusual in a rural setting. The community has a comprehensive library, a state-of-the-art theater that features diverse performing arts, many wonderful restaurants, an historic museum, two national parks, miles of public shoreline, and a vibrant agricultural community. To learn more- Click here

* Strategist II: ID Teacher – Join Ames Community School District, where your journey matters! ACSD promotes an educational environment that is racially, ethnically, linguistically, and culturally diverse to broaden students’ academic experience and to enrich our District. We are focused on creating and supporting diversity, equity, and inclusion within the organizational culture and in our community. To learn more- Click here

* Integrated Services Teacher – Join Ames Community School District, where your journey matters! ACSD promotes an educational environment that is racially, ethnically, linguistically, and culturally diverse to broaden students’ academic experience and to enrich our District. We are focused on creating and supporting diversity, equity, and inclusion within the organizational culture and in our community. To learn more- Click here

* Strategist I Teacher – Join Ames Community School District, where your journey matters! ACSD promotes an educational environment that is racially, ethnically, linguistically, and culturally diverse to broaden students’ academic experience and to enrich our District. We are focused on creating and supporting diversity, equity, and inclusion within the organizational culture and in our community. To learn more- Click here

* Behavior Interventionist – Join Ames Community School District, where your journey matters! ACSD promotes an educational environment that is racially, ethnically, linguistically, and culturally diverse to broaden students’ academic experience and to enrich our District. We are focused on creating and supporting diversity, equity, and inclusion within the organizational culture and in our community. To learn more- Click here

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Acknowledgements

Portions of this or previous month’s NASET’s Special Educator e-Journal were excerpted from:

• Center for Parent Information and Resources
• Committee on Education and the Workforce
• FirstGov.gov-The Official U.S. Government Web Portal
• Journal of the American Academy of Special Education Professionals (JAASEP)
• National Collaborative on Workforce and Disability for Youth
• National Institute of Health
• National Organization on Disability
• Substance Abuse and Mental Health Services Administration
• U.S. Department of Education
• U.S. Department of Education-The Achiever
• U.S. Department of Education-The Education Innovator
• U.S. Department of Health and Human Services
• U.S. Department of Labor
• U.S. Food and Drug Administration
• U.S. Office of Special Education

The National Association of Special Education Teachers (NASET) thanks all of the above for the information provided for this or prior editions of the Special Educator e-Journal

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To View or Download a PDF file for this issue of the Special Educator e-Journal  –  CLICK HERE

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