September 2023 – Special Educator e-Journal

Table of Contents

• Special Education Legal Alert. By Perry A. Zirkel
• Buzz from the Hub
• Understanding Anxiety Disorders: From the National Institute of Mental Health
• Education, Labor Departments Announce New Efforts to Advance Teacher Preparation Programs and Expand Registered Apprenticeships for Educators
• U.S. Department of Education Strengthens Guidance to Improve Equal Educational Opportunity for Children with Disabilities
• Latest Employment Opportunities Posted on NASET 
• Acknowledgements

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Special Education Legal Alert

By Perry A. Zirkel

© August 2023

This month’s update identifies a pair of recent court decisions that illustrate varied IDEA issues arising from, but not at all exclusive to, safety concerns.  For related publications and earlier monthly updates, see perryzirkel.com.

On May 18, 2023, the federal district court in Mississippi issued an unofficially published decision in Boone v. Rankin County Public School District, addressing various IDEA claims of a child with severe autism.  During the three school years prior to 2020–21, the district placed the child at a private center specializing in students with autism, where he continued to struggle academically and developed behavior problems, including elopement, aggression, and self-injurious conduct.  The center acknowledged that he had regressed to functioning at a kindergarten level at 14 years of age.  For 2020-21, the center discharged him because it was not equipped to meet his needs including age and curriculum.  The IEP team placed him at the district’s middle school, offering no other alternatives despite the parent’s safety concerns about the lack of a plan to address potential elopement.  The parent promptly filed for a due process hearing.  The hearing officer (a) ruled that the district’s IEP was not substantively appropriate; (b) ordered various purely prospective remedies, such as a transition plan from the center to the middle school, a new evaluation, a resulting revised IEP with an elopement provision, and meaningful parent involvement; and (c) denied compensatory education because the parent refused to ever have the student attend the stay-put placement.  Both parties appealed to federal court.
The district claimed that the hearing officer’s decision was in error with regard to elopement, arguing that (1) it was not a major issue for the student, and (2) the BIP in the IEP sufficiently addressed it.	The court rejected these arguments, pointing to (1) ample evidence of the student’s continuing attempts at elopement at the center, and (2) the district did not provide any staff training or other preparatory provisions for implementing the BIP until the student attended the middle school.
The district also claimed that the hearing officer erred in ruling that the district engaged in predetermination of the middle school placement.	Also rejecting this claim, the court agreed with the hearing officer that the district’s take-it-or-leave it position at and after the IEP meeting, despite the parent’s expressed concerns, constituted predetermination.
The district contended that the student had demonstrated individually appropriate progress.	The court disagreed, point to the testimony of the center’s principal that the continuing insufficient services had resulted in regression.
The parent claimed that the hearing officer erred by failing to provide compensatory education.	The court was not persuaded, pointing out the hearing officer’s prospective remedies to address each of the specific FAPE denials.
The parent also sought attorneys’ fees, arguing that she was the prevailing party.	The court agreed, concluding that the parent met the test of “succeed[ing] on any significant issue … that achieve[d] some benefit” that she sought.
This case is particularly noteworthy in its ruling for the parent on the predetermination issue, which usually too steep a slope for parental success, and the awarding of purely prospective remedies, which is worth consideration whether as an alternative or accompaniment to compensatory education.  Such an exercise of the hearing officer’s broad equitable authority is exemplary in terms of enforcement of IDEA obligations of school districts and the basis for attorneys’ fees awards for parents.

On April 20, 2023, a federal district court in New York issued an officially published decision in B.D. v. Eldred Central School District, which addressed various FAPE issues for a student with diagnoses of autism, ADHD, reading and writing impairments, and chronic kidney disease.  Midway in his seventh grade, after his parents filed a report under the state’s anti-bullying law, the IEP team met, reviewed various evaluations, and did not make any revisions.  The IEP already indicated concerns with bullying and his difficulties identifying social cues.  In early May, the parents filed another complaint under the anti-bullying law, identifying another student-offender.  Shortly thereafter, a video showed a peer approach from behind and push the student down to the ground.  Less than an hour later, the student hit a classmate that, after he admitted doing so upon being questioned, resulted in his 5-day suspension.  The school district offered the parents a placement at a different public school.  However, continuing to have safety concerns, the parents removed the student for the limited remainder of the school year.  At the June IEP meeting, the team rejected the parents’ request to change his classification from other health impaired (OHI) to autism; replaced the acknowledgment about bullying concerns to relationship difficulties; and provided various services and accommodations, including counseling and specific seating on the school bus.  In September, the school issued a “safety plan” for him containing 11 obligations for staff, 3 for the student, and 2 for the parents.  Dissatisfied, the parents did not return the student for grade 8, instead placing him in a private school.  They filed for a due process hearing, seeking reimbursement and an independent educational evaluation (IEE) at public expense.  In lengthy proceedings under New York’s 2-tier system, for which the district largely prevailed at the hearing officer level and entirely prevailed at the review officer level, the parents appealed to the federal district court.
The parents claimed that the safety plan did not amount to reasonable steps to address the known repeated bullying of the student.	The court deferred to the hearing and review officers’ determination that the safety plan satisfactorily met this standard and did not result in a substantive denial of FAPE.
At the hearing and review officer levels, the parents challenged the district’s refusal to change the student’s classification from OHI to autism.	The court concluded that by not raising this issue in their appeal, the parents waived this issue but, in any event, the IEP took into account the student’s individual needs.  Thus, for FAPE, the eligibility classification was a difference without a distinction.
The parents sought reimbursement for the IEE that they obtained since the district’s refusal.	In rejection, the court ruled that the district did not conduct an evaluation with which the parent disagreed, which is the initial basis for an IEE at public expense.
The parents alleged various procedural violations, including 1) failing to develop the safety plan as part of the IEP process, and 2) bullying by the district’s legal counsel after the parents’ lawyer disclosed his own autism.	Applying the two-part test for procedural FAPE, the court found that 1) the IDEA does not require an anti-bullying plan as part of an IEP and does not address litigation behavior as part of a district’s FAPE obligation, and, even if there were any procedural violations, 2) the evidence did not show the requisite substantive harm to the student or parents.
This decision is largely typical of the case law, including the protracted proceedings from the parents’ initial filing for a hearing.  It should not at all be confused with best practice and professional norms for collaborative processes and effective services.

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Buzz from the Hub

All articles below can be accessed through the following links:

 

https://www.parentcenterhub.org/buzz2023-july-issue1/

https://www.parentcenterhub.org/buzz2023-june-issue2/

https://www.parentcenterhub.org/buzz2023-june-issue1/

https://www.parentcenterhub.org/buzz-may2023-issue2/

https://www.parentcenterhub.org/buzz-may2023-issue1/

https://www.parentcenterhub.org/buzz-april2023-issue2/

https://www.parentcenterhub.org/buzz-april2023-issue1/

https://www.parentcenterhub.org/buzz-march2023-issue2/

https://www.parentcenterhub.org/buzz-march2023-issue1/

https://www.parentcenterhub.org/buzz-feb2023-issue2/

https://www.parentcenterhub.org/buzz-feb2023-issue1/

https://www.parentcenterhub.org/buzz-jan2023-issue2/

 

The results of the Parent Center data collection for 2021-2022 are now posted on CPIR’s website, and we invite everyone to take a detailed look at the impact that Parent Centers have. We also share with you:

An Action-Packed Year for Parent Centers | Here’s the infographic CPIR produced with the data Parent Centers submitted. It’s 2 pages (designed to be printed front/back to become a 1-page handout or mini-poster). It’s a stunning portrait of what can be achieved by a few, extremely dedicated people for the benefit of so many.

Adaptable Infographic for Parent Centers to Use | This infographic is designed so Parent Centers can insert just their Center’s numbers, data results, and branding into key blocks of information. Adapt the PowerPoint file, and shine the spotlight on the work of your Center!

Quick Guide to Adapting the Infographic | This 2-page guide shows you where to insert your Center-specific information, just in case having such a “checklist” would be helpful.

Summer and Sensory Processing Issues
(Available in Spanish | El verano y los problemas de procesamiento sensorial)
For children with sensory processing issues, summer can be a challenging time. Think about summer’s onslaught of unfamiliar sounds, smells, and places: beach sand, fireworks, an amusement park, the shriek of animals at the zoo. Yet with preparation and planning, parents can help kids with sensory issues get the most out of summertime. Other articles in the series include:

Strategies for a Successful Summer Break | Estrategias para que las vacaciones de verano sean un éxito

13 Tips for Helping Anxious Kids Enjoy Summer Camp | 13 consejos para ayudar a los niños ansiosos a disfrutar el campamento de verano

Summer Activities for Kids With Learning Disorders | Actividades de verano para niños con trastornos del aprendizaje

Summer Success Kit for Kids With ADHD | Kit para que los niños con TDAH tengan un verano exitoso

 

15 Tips for Self-Advocates
(Also available in multiple languages; see list below)
Youth and young adults with disabilities may need services and supports to reach their goals. This often means communicating with agencies and systems that offer services to people with disabilities. It can also mean attending meetings and advocating for themselves. This fact sheet includes tips to help youth prepare for meetings, develop a service plan, and resolve conflicts that may arise in the process. Available in: Spanish, Arabic, Armenian, Chinese, Farsi (Persian), Hmong, Khmer, Korean, Russian, Tagalog, and Vietnamese.

Applying for a Job: The Young Adults Guide (Revised 2023)
This is a 5-page tip sheet for youth and young adults with serious mental health conditions about finding, applying for, and interviewing for jobs.

Resources for Afghan Families
This webpage at the U.S. Department of Education is loaded with helpful connections for Afghan families–organizations to consult, workbooks and illustrated stories in Pashto and Dari for children, and lessons to help Afghan families learn English.

 

Resource on Confronting Racial Discrimination in Student Discipline
(Also available in Spanish: Recurso para evitar la discriminación racial en la disciplina estudiantil)
The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division jointly released the Resource on Confronting Racial Discrimination in Student Discipline. The departments recognize and appreciate school administrators, teachers, and education staff across the nation who work to administer student discipline fairly, and to provide a safe, positive, and nondiscriminatory educational environment for all students, teachers, and other educators.

How Technology Changes Families
(Also available in Spanish: Cómo la tecnología cambia a las familias)
This newsletter connects you with multiple articles on the impact of technology on families. Articles include such titles as Is Internet addiction real? and Managing stress caused by social media with mindfulness.

Supporting the Child Vaccination Decision Process
(Also available in Spanish: Apoyo al proceso de decisión de vacunación infantil)
Learn information about the science behind and benefits of child vaccines to more fully engage with families as they make decisions regarding their children’s health. View this course for free after creating an account at Better Kid Care On Demand.

Resources for Families with Children who have a Genetic Condition
(Also available in Spanish: Recursos para las familias con niños que tiene una condición genética)
Do you have a child with a genetic condition? Here’s help in English and in Spanish, from the National Genetics Education and Family Support Center (Centro Nacional de Educación Genética y Apoyo Familiar).

 

Updated Resources and Proposed Regs for Schools to Deliver Health Care to Eligible Students
ED and the Department of Health and Human Services (HHS) announced a Notice of Proposed Rule Making under IDEA to streamline Medicaid services consent provisions when billing for Medicaid services provided through a student’s individualized education program. They’ve also updated A Comprehensive Guide to Medicaid Services and Administrative Claiming.

Suspension, Expulsion & Informal Removals: Unexpected Realities in Preschool
This is the 6th blog in OSEP’s series on Discipline Discussions. Focus? How exclusionary discipline in preschool can create stressful and isolating experiences for children and their families.

 

Sports and Children with Disabilities
All children can benefit from the exercise, energy release, and pure enjoyment of playing sports. This includes children with disabilities. This article talks about the benefits of sports, the types of sports for children with special needs, and how to get started with sports.

Fun Activities to Stay Active with Physical Disabilities
Just because a child is in a wheelchair or has other physical disabilities does not mean that he or she can’t stay active. There are plenty of games and sports that children can play when properly modified. (Example: Lower the basketball hoop for children in wheelchairs or place a ball on a tee instead of having it be pitched.) Let children try a variety of activities and adapt those activities to their needs. From PediaPlex.

Physical Activity for Students with Disabilities
Check out this 5-step plan from Action for Healthy Kids that starts with “safety first” and includes consideration of each child’s IEP and how wellness activities can support the overall educational plan for each child. After explaining the steps in the plan, the article also covers general inclusion ideas for all students and concludes with ways to adjust physical activities to include students with disabilities.

Action for Healthy Kids offers lots of resources in Spanish. See the list at: https://www.actionforhealthykids.org/game-on-activity-library/?activity_spanish%5B%5D=162

Including All Children: Health for Kids With Disabilities
Also from Action for Healthy Kids is this lengthier article that takes a look at barriers to participation across various types of special needs (e.g., medical, sensory-communication, social-psychological, mobility, cognitive), possible physical activity limitations associated with each, and inclusion tips for each.

Exercise And Activities For Kids With Physical Disabilities
Here are insights and suggestions from a physical therapist, with respect to kids and teens that use walkers, crutches or canes for mobility; kids and teens that use a wheelchair for mobility; and kids with significant movement limitations. From Pediatric Therapy Essentials.

Inclusion Resources
Need info on inclusion of children with disabilities in school and in the community? This site has a wealth of information, including videos on strategies and best practices for inclusion. Great stuff!

The National Center on Health, Physical Activity and Disability (NCHPAD) seeks to help people with disability and other chronic health conditions achieve health benefits through increased participation in all types of physical and social activities, including fitness and aquatic activities, recreational and sports programs, adaptive equipment usage, and more. Here are two sections of their website to explore in particular:

Factsheets | Factsheets describe various disabilities and health conditions, as well as physical activity, exercise, and overall health considerations and recommendations associated with each.

Home Workout Videos | Videos for kids and adults to guide their exercise at home; some videos are short, others are 20 minutes or more.

And last but not least from NCHPAD:

Love Yourself: Self-Care For People With a Disability
This 3-page article urges people with disabilities to “take some time to show yourself some love.” It highlights some ways they can do that, like foot checks, deep cleaning their wheelchair, or finding some movement that’s right for them.

 

Asian American and Pacific Islander (AAPI) Heritage Month
May is Asian/Pacific American Heritage Month. Check out the events, collections, exhibits, and collections available throughout the month from U.S. government agencies such as the Library of Congress and the Smithsonian to celebrate the influence, contributions, and achievements of AAPI communities in the United States.

Identity and Cultural Dimensions
NAMI is an excellent go-to source of info and guidance on mental health issues of all kinds. In this section of NAMI’s website, you’ll find individual pages examining the mental health realities of diverse communities such as Asian American and Pacific Islander; Black/African American; Hispanic; Indigenous; LGBTQI; and People with Disabilities.

Reinforcing the Resilience of Native American Parents and Youth

As part of supporting Native families, reminding Native families and youth of their innate resilience is extremely important. CPIR offers two resources on resilience to help Parent Centers and the Native families with whom they work: (1) How Parent Centers Can Support American Indian and Alaska Native Parents (linked above); and (2) Bouncing Back from Setbacks: A Message for American Indian and Alaska Native Youth.

The 7 Most Important De-escalation Strategies for Challenging Behaviors
De-escalation is the process of calming down a situation before it escalates further. Learning to de-escalate situations is not always easy. It requires practice and a toolbox of techniques. What de-escalation strategies can educators and parents use when kids and teens are overwhelmed, upset, or engaging in challenging behaviors? This article describes the 7 more important.

Tailored Youth Suicide Prevention Efforts
Research shows that youth of color and LGBTQ+ youth are at higher risk of suicide than White and heterosexual youth, which suggests the importance of tailoring prevention approaches to the populations most in need of support. This Child Trends’ new brief offers three powerful recommendations to help community-based organizations tailor their youth suicide prevention efforts to the unique needs and strengths of Asian, Black, Indigenous, Hispanic, and LGBTQ+ youth.

Self-Assessment of Cultural and Linguistic Competency
Dispute resolution systems must be culturally and linguistically competent to meet the interests and needs of diverse populations residing in the United States, territories, and tribal nations. CADRE offers this self-assessment tool, which can be useful in determining the level of cultural and linguistic competence in a dispute resolution system. It’s part of a much larger package on the subject, including a User’s Guide, a webinar, and recommended supplemental resources (e.g., A Guide to Engaging Underserved Families in the CLC Assessment Process).

RTI/MTSS May Not Be Used to Delay or Deny IDEA Evaluation
In March 2023, OSEP emailed copies of two memoranda to IDEA Part B Directors and Section 619 Coordinators regarding the child find requirements in IDEA. OSEP took this action in response to concerns that initial evaluations to determine whether a child has a disability have sometimes been delayed or denied by LEAs until a child goes through a state’s multi-tiered system of supports (MTSS) process, sometimes referred to as Response to Intervention (RTI). Read OSEP’s correspondence and connect with the memos at the link above.

Outreach and Engagement of Underserved Populations
Effective community engagement and outreach takes careful planning and acknowledgement that each population that we work with is unique and offers us opportunities to broaden our understanding of what makes a community. Lots of useful resources can be found in this article, which shares 6 essential strategies for inclusive engagement and culturally competent outreach. From the Vocational Rehabilitation Technical Assistance Center for Quality Employment (VRTAC-QE).

Partnering with Hard-to-Connect Families
Often, when people with disabilities consider seeking employment, their families strongly influence the decision. Especially with transition-aged youth, family influence can sway whether a consumer decides to try working. There is still a persistent belief that work income will cancel out any benefits the person with disability receives. Also from VRTAC-QE.

Native American Resource Collection
Don’t forget about this invaluable resource collection designed expressly for Parent Centers to support new and current staff in their outreach to Native American parents of children with disabilities. The collection is organized in 4 tiers of learning that reflect what we know about journeys of multicultural growth. Each product within contains current information about the traditional culture and contemporary issues important to Native families. Consider, for example, articles such as Cultural Awareness and Connecting with Native Communities and The Impact of Traditional Native Values on Transition Planning.

Corporal Punishment in Schools Fact Sheet
From the Office for Civil Rights (OCR), issued Sept 2022, updated March 2023
The CRDC (Civil Rights Data Collection) defines corporal punishment as paddling, spanking, or other forms of physical punishment imposed on a child. The data reported in this factsheet is for K-12 students and includes data by sex, by race/ethnicity, and by state.

Dear Colleague Letter (March 24, 2023)
The Department issued this Dear Colleague Letter calling for the end to corporal punishment in schools. The letter reinforces the Department’s position that corporal punishment in schools should be replaced with evidence-based practices, such as implementing multi-tiered systems of support that create a safe and healthy school environment. The Department included specific recommendations for evidence-based practices?to give students?what they need?to learn and grow.

Discipline Discussions | Informal Removals Matter
Valerie C. Williams, Director of OSEP, writes about the pattern of informally removing students with disabilities from school classrooms as a way to address disruptive behavior. The parents get a call from the school that their child has caused a disruption and must be picked up immediately to help their child “calm down.” This blog post from OSEP will connect you with the extensive 2022 federal guidance on discipline under IDEA, many parts of which are also available in Spanish. OSEP ends this blog post by asking CPIR (yes, us!) to answer 4 specific questions about disciplinary practices, including “What are possible next steps a parent can take if their child’s school repeatedly calls them to pick up their child from school due to their behavior?”

 

Bipolar Disorder in Teens and Young Adults: Know the Signs
(Also available in Spanish: Trastorno bipolar en adolescentes y adultos jóvenes: Conozca los signos)
Bipolar disorder is not the same as the typical ups and downs every kid goes through. The mood swings are more extreme and accompanied by changes in sleep, energy level, and the ability to think clearly. Learn the signs and symptoms.

Borderline Personality Disorder
(Also available in Spanish: Trastorno límite de la personalidad)
Learn more about the disorder, how it’s diagnosed, and how to find support.

 

Advancing Racial Equity in Early Intervention and Preschool Special Education
This 9-page fact sheet provides key information and supporting evidence about racial disparities and inequities for young children with a disability, and questions for state and local leaders seeking to advance equity for all children with disabilities and their families. From the ECTA Center.

Complete Guide to PANS and PANDAS
(Also available in Spanish: Guía completa sobre el PANS y PANDAS)
Step-by-step information from diagnosis to treatment for kids with sudden onset OCD and other confusing symptoms.

What Does OCD Look Like in the Classroom?
(Also available in Spanish: Cómo luce el TOC en el salón de clases)
Signs that a child may be struggling with OCD, even if they are hiding their anxiety.

Videos | Using a Telenovela to Explain the Special Education Process
(Also available in Spanish: Telenovela de educación especial)

How do you demystify the special education process for parents, particularly parents for whom English is not their first language? Here’s how Arlington Public Schools in Virginia tackled the challenge. The Grandma’s Soup video series (La Sopa de la Abuela) is designed to support the engagement of families in the special education process, share information, encourage advocacy skills, and foster collaborative home-school partnerships that positively impact student success. There are 5 episodes in the series, beginning with “What’s Going On with My Child?” and ending with “What If We Disagree?”

Family Toolkit: Pediatric-to-Adult Health Care Transition
(Also available in Spanish: Guía para la familia)
This 25-page toolkit from GotTransition has a set of resources for parents to use as they work with their youth during the transition from pediatric to adult health care. This includes sections such as Questions to Ask Your Doctor; Changing Roles; a Turning 18 tip sheet; a Transition Readiness Assessment; and a Health Care Transition Quiz for youth to take to see how ready they are to transition to adult care.

Supported and Customized Employment: Side by Side Referral Decision Guide
For vocational rehabilitation agencies offering both supported and customized employment approaches to pursuing employment for people with disabilities, there may be some questions about which approach is best based on an individual’s circumstances. This guide can help in determining how to choose between these two approaches.

Take Part in the Campaign
The Brain Injury Association is a great resource to turn to for info about traumatic brain injury and about this year’s #MoreThanMyBrainInjury campaign. Follow the link above to find out how you can get involved and what tools and materials are available.

Center for Brain Injury Research and Training (CBIRT)
CBIRT offers many useful resources tailored for parents and caregivers and other specific audiences (e.g., administrators). Check out the Academic Accommodations Matrix, for example, and CBIRT’s Family Advocacy Skills Training, which is a step-by-step handbook for family advocates.

Candid Conversations: Handing Over the Reins
This full-feature film addresses many questions and concerns parents and self-advocates have about supporting youth with disabilities as they transition to adulthood, including understanding the importance of self-advocacy skills. The entire film is 1 hour and 17 minutes, but it’s divided into three smaller parts for your viewing ease. Parts are: (1) Hopes and Dreams (@ 25 minutes); (2) Independence & Advocacy (@ 33 minutes); and (3) A Few Words of Advice (@ 21 minutes). From the NY Region 1 PTI Collaborative, with partners.

Transition Planning for Teens and Tweens
A special project of Parents Helping Parents in CA, this transition package will be useful to PTIs and CPRCs in other states, too. Includes multiple parts, such as self-advocacy, education and training, work preparation, and adult life for people with disabilities.

The History Makers
This digital archive is an incredible collection of oral histories shared by over 3,300 African Americans known and unknown. Access interviews, biographies, videos, archival photography, and more, and learn personal perspectives and unique facts from influential African Americans who made history in their own right across a wide range of fields, from art, business, education, entertainment, law, music, science, and sports.

 

Advancing Racial Equity in Early Intervention and Preschool Special Education
This 9-page fact sheet provides key information and supporting evidence about racial disparities and inequities for young children with a disability, and questions for state and local leaders seeking to advance equity for all children with disabilities and their families. From the ECTA Center.

Promoting Black Girls’ and Women’s Sexual and Reproductive Health Requires Acknowledging Their History and Experiences
This brief from Child Trends discusses how reproductive suppression has led to disproportionately adverse sexual and reproductive health outcomes for Black girls and women. The authors suggest using a holistic approach—one that focuses on intersectionality, gender equity, and culturally responsive practices—to promote the sexual and reproductive health of Black girls and women.

Confronting Color-Blindness
All of us have probably heard someone say that they “don’t see color” or that “it would be great if we could all just stop noticing race.” While these statements may be well-intentioned, colorblind ideology undermines diversity, inclusion, and equity. Here’s an online module that can help us understand the concepts of color-blindness, color evasion, and power evasion and how they may show up in our interactions with families, staff and colleagues.

 

What is Complex Trauma?
(Also available in Spanish: ¿Qué es trauma complejo?)
When people think of trauma, they often imagine a specific experience, like a natural disaster or a violent attack. But there’s another form of trauma that involves chronic negative experiences like abuse, neglect, or violence. This is known as complex trauma, and its profound impact on kids is often misunderstood. Take a close look at complex trauma—its causes, the symptoms associated with it, and how to help kids who are dealing with it. From the Child Mind Institute.

 

Frequently Asked Questions (FAQs) on Pre-Employment Transition Services
The account you create at NTACT will give you access to a wide range of transition-related materials, such as this FAQ on pre-employment transition services. The questions and answers are organized into categories for easy browsing and include: administrative, allowable costs, definitions, service delivery, and RSA FAQs.

Talking to Kids About Sex and Dating
Check out this suite of stand-alone articles from the Child Mind Institute, which rounds up resources on why it matters to talk to teens about sex and romantic relationships, and how to approach this sensitive topic. Dive into consent and how kids can confidently set and respect boundaries. The suite includes tips on how to help teens deal with unwanted attention, as well as warning signs of sexual behaviors that are concerning. Some DOs and DON’Ts are outlined to help teens make good choices as they enter their first relationships. Each article in the suite is also available in Spanish.
Balloons lifting a winning ribbon.

Sexual Health and Wellness
PEATC, Virginia’s PTI, has developed a toolkit to help guide parents through discussing sexual health and wellness with their child with disabilities. The toolkit covers topics such as sexuality, self-care, relationships, social skills, and boundaries. Many additional factsheets and resource documents (including YouTube videos) are also available.

Sexuality & Disability | 6 videos and articles to explore and share, as befits the person and the circumstances

Sex education for students with disabilities | A more scholarly article from Law & Order, from 2006

Dating and disabilities | Exploring love in many forms with first-hand accounts from the frontlines of dating, marriage, intimacy and friendship, all with people living—and loving—with disabilities.

Love Because, Never Despite, Disability
“I want a world where disabled people learn how to have healthy relationships alongside their abled peers, where disabled people are seen as valuable friends, lovers, partners, spouses not in spite of their disability but because disability adds to the fullness and beauty of their being. I want a society that teaches disabled people, through media portrayals, through accessible building design, and so many other avenues, that their bodymind, their personhood is valuable and worthy of love just the way they are.” Direct quote. Need we say more?

In My Own Voice: Sexual Self-Advocacy
30 people with intellectual and developmental disabilities talk about what sexual self-advocacy means to them.

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Understanding Anxiety Disorders: From the National Institute of Mental Health

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U.S. Department of Education Strengthens Guidance to Improve Equal Educational Opportunity for Children with Disabilities

The U.S. Department of Education’s Office of Special Education Programs (OSEP) released updated policy guidance, which takes immediate effect, to ensure and strengthen the rights and protections guaranteed to children with disabilities and their families under the Individuals with Disabilities Education Act (IDEA).

The guidance and accompanying Dear Colleague Letter address the IDEA’s “general supervision” requirement, which necessitates states monitor local educational agencies (LEAs) as required by IDEA Part B, and early intervention service (EIS) programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA.

“As a former special education teacher, administrator, and state special education director, I’ve experienced implementation of IDEA’s general supervision requirements at the state and local level and recognize the need to fortify the policy guidance,” said Glenna Wright-Gallo, Assistant Secretary for the Office of Special Education and Rehabilitation (OSERS), under which OSEP sits. “We must continue to Raise the Bar for all children. One vital component of this effort is to ensure children with disabilities, birth through age 21, receive the early intervention services and a free appropriate public education (FAPE) that meets their unique needs and prepares them for further education, employment, and independent living.”

OSEP’s updated guidance will:

• Provide states with accessible and actionable information necessary to timely identify and correct noncompliance;
• Help ensure the rights guaranteed under the IDEA to children with disabilities and their families are protected; and
• Reaffirm expectations across states to help ensure consistent implementation of IDEA.

“While the federal government provides grants to states under IDEA, it is the state’s responsibility to educate students with disabilities in accordance with the law. This guidance underscores each state’s general supervision responsibility to meet the purpose of IDEA and ensure that all school-age children, regardless of the nature or severity of their disability, can access FAPE in the least restrictive environment and that infants and toddlers with disabilities and their families receive appropriate early intervention services to the maximum extent appropriate,” said OSEP Director Valerie C. Williams.

Through various OSEP monitoring activities and information received in the State Performance Plan/Annual Performance Report (SPP/APR) submissions, OSEP has observed the need for updated guidance to ensure states have the information needed to build robust general supervision systems. Such systems should ensure statewide accountability that swiftly identifies and corrects noncompliance, increases accountability through the collection of timely and accurate data, and ensures the full implementation of IDEA to improve functional outcomes, and early intervention and educational results for children with disabilities.

Additionally, OSEP received requests to clarify for all state education administrators the roles and responsibilities needed to satisfy the IDEA’s general supervision requirements. OSEP is further clarifying or expanding positions in the following areas:

• A state must not ignore credible allegations of noncompliance made outside its formal monitoring visit cycle;
• States must monitor each LEA or EIS program at least once within the six-year cycle of the state’s SPP/APR;
• States must issue a timely finding of noncompliance, generally within three months of the state’s identification of the noncompliance; and
• States, LEAs, and EIS programs or providers must verify the correction of each individual case of child specific identified noncompliance, rather than a subset.

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Latest Employment Opportunities Posted on NASET 

* [2023-2024] Elementary Reading Interventionist – Like all DREAM employees, the Reading Interventionist should demonstrate a strong commitment to the mission and values of DREAM and should have substantial expertise in all areas of responsibility. Candidates must also value DREAM’s comprehensive approach to education and desire to make a lasting impact in underserved communities as part of a growing organization. To learn more- Click here

* Teacher of Special Education – The Newark Board of Education is where passion meets progress. We want you to discover a rewarding career with us.  If the opportunity to make learning limitless excites you then, join our community of educators. To learn more- Click here

* Certified Teachers Assistant – Under the supervision of the classroom teacher, assist with all aspects of classroom functioning, including instruction and care of the children. Be familiar with weekly lesson plans. To learn more- Click here

* Special Education Middle School Teacher – (11-Month Position) Are you looking to teach in a community that values diversity, communication, professional development, collaboration, and innovation? Become a teacher at Academy360, a program of Spectrum360, and make a difference in a student’s life today. To learn more- Click here

* Special Education Teacher – Under the direction of the School Principal instructs special education students in a classroom setting. Prepares lesson plans and instructional materials designed to meet needs of individual students. Evaluates and monitors student’s performance and may implement therapeutic programs for students. To learn more- Click here

* [2023-2024] Middle School Math Learning Specialist – Reporting to the Academic Dean, the Middle School Math 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 Education Math and/or ELA Certified Teacher – Virtual– Become a part of our Teacher Network, which will enable you to take permanent teaching assignments as well as substitute teaching opportunities. At Elevate, your curriculum is provided, your administrative duties are minimal, and your support team is strong! To learn more- Click here

* [2023-2024] Elementary Reading Interventionist – Like all DREAM employees, the Reading Interventionist should demonstrate a strong commitment to the mission and values of DREAM and should have substantial expertise in all areas of responsibility. Candidates must also value DREAM’s comprehensive approach to education and desire to make a lasting impact in underserved communities as part of a growing organization. To learn more- Click here

* Special Education Teacher – New Story Schools, is seeking a qualified full-time Special Education Teacher to manage all functions within their assigned classrooms, including service delivery, reporting, and management of classroom assistants and aides. To learn more- Click here

* Special Education- Preschool, Preschool Autism (PAC), Visual Impairment Teacher – 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 – Middle/High School ED/ID/LD/MD/Severe Disabilities Teacher – 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 – Elementary School ED/ID/MD/Severe Disabilities Teacher – 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 (Sub-Acute Adolescent Care Unit / Hospital Setting) – Uphold all principles of confidentiality, Health Insurance Portability and Accountability Act (HIP AA), and patient care to the fullest extent. Adhere to all FDIHB policies and the professional and ethical behavior standards of the healthcare industry. Interact in an honest, trustworthy and dependable manner with patients, employees and vendors. 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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Download a PDF Version of This e-Journal

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

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