Happy New Year.

English: Population Change 1960-2000 by state PD map by US Census Bureau, scanned (Photo credit: Wikipedia)

Happy New Year Everybody.

I can't believe that 2013 is history.  Time for those resolutions.

In the meantime, here are some population facts from  the Census Bureau:

Population Clock

Census Bureau Projects U.S. Population of 317.3 Million on New Year’s Day ─ As our nation prepares to begin the new year, the U.S. Census Bureau today projected that on Jan. 1, 2014, the United States population will be 317,297,938. This represents an increase of 2,218,622, or 0.7 percent, from New Year’s Day 2013.

In January 2014, one birth is expected to occur every 8 seconds in the United States and one death every 12 seconds.

The projected world population on Jan. 1, 2014, is 7,137,577,750, an increase of 77,630,563, or 1.1 percent from New Year’s Day 2013. In January 2014, 4.3 births and 1.8 deaths are expected worldwide every second. India added 15.6 million people over the one-year period, which led all countries, followed by China, Nigeria, Pakistan and Ethiopia.

Related articles

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Weekly Question!

It's time for the Monday question. Each state department of education must have state complaint procedures. In your state how effective are state complaint procedures for resolving systemic issues? We are collecting information on this topic; what have you got?

"Prior Written Notice" - Another Badly Named Special Education Law Concept!

Seal of the United States Court of Appeals for the Eleventh Circuit. (Photo credit: Wikipedia)

Many of the concepts that we use in special education law are mislabeled.  Why is that? Don't even get me started on the different meanings of the term "placement!"  As an Eleventh Circuit decision from last week shows prior written notice is another minefield.

A school district must provide prior written notice to the parents whenever it proposes to, or refuses to, initiate or change the: identification, evaluation, placement, or FAPE. IDEA Section 615(b)(3).  See 34 CFR Section 300.503(a).  The notice must contain the following: a description of the action; an explanation of why the district proposes or refuses the action; a description of each evaluation procedure, assessment, record or report relied upon; a statement that the parents have protections under the procedural safeguards; sources for the parents to contact to obtain assistance; a description of other options considered and why they were rejected; and a description of the factors that are relevant to the district’s proposal or refusal.  IDEA Section 615(c)(1). See 34 CFR Section 300.503(b).

“Prior” written notice is an unfortunate choice of words.  This does not mean that the notice must be given before the decision is made.  Indeed, OSEP has pointed out that the notice must be given a reasonable amount of time before the school district implements the proposal, or refusal, described in the notice. The proposal may trigger an obligation to convene an IEP team meeting, but providing prior written notice before the meeting could suggest that the district’s action was made without parent input and participation.  71 Fed. Register No. 156 at page 46690 (August 14, 2006).

OSEP has published a model form for prior written notice consistent with current statutory and regulatory requirements.  The model form is available on the website: http://idea.ed.gov/. 

But in KA v Fulton County Sch Dist 113 LRP 2083 (11th Cir. 12/20/2013) the parents argued that the school district should have filed for a due process hearing when the parents refused to consent to changes to the student's educational program at an IEP team meeting.  IDEA does not require that, however.  As the Eleventh Circuit pointed out in its decision, a school district must provide prior written notice, and in this case it did so even if the notice was not up to snuff.   The parents' remedy was to file for due process or invoke other procedural safeguards after receiving the prior written notice. Because there are so few published circuit court of appeal decisions, you should read it, and you can do so here.

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Merry Christmas

Christmas tree (Photo credit: Wikipedia)

To all of our readers, please have a wonderful Christmas!

For your enjoyment, here are some fun facts from our friends at the Census Bureau:

Christmas Trees and Decorations           

$1.0 billion

The value of U.S. imports of Christmas tree ornaments from China between January and September 2013. China was the leading country of origin for such items. Similarly, China was the leading foreign source of artificial Christmas trees shipped to the United States ($93.0 million worth) during the same period.

Source: U.S. Census Bureau, Foreign Trade Statistics

https://usatrade.census.gov/

Where the Toys are ... Made

70           

Number of establishments around the country that primarily manufactured dolls and stuffed toys in 2011. California led the nation with 10 locations.

Source: U.S. Census Bureau, County Business Patterns, NAICS code 339931,

http://www.census.gov/econ/cbp/

http://factfinder2.census.gov/bkmk/table/1.0/en/BP/2011/00A1//naics~339931

http://factfinder2.census.gov/bkmk/table/1.0/en/BP/2011/00A1/0100000US.04000.003/naics~339931

524

The number of locations that primarily produced games, toys and children’s vehicles in 2011; they employed 7,187 workers. California led the nation with 88 establishments.

Source: U.S. Census Bureau, County Business Patterns, NAICS code 339932,

http://factfinder2.census.gov/bkmk/table/1.0/en/BP/2011/00A1//naics~339932

http://factfinder2.census.gov/bkmk/table/1.0/en/BP/2011/00A1/0100000US.04000.003/naics~339932

Nearly 15 billion

Pieces of mail the U.S. Postal Service expects to deliver between Thanksgiving and New Year’s Eve. The busiest mailing day is set for Dec.16, and Dec. 18 will be the busiest delivery day.

Source: U.S. Postal Service

http://about.usps.com/news/national-releases/2013/pr13_083.htm

51.6%

Estimated proportion of the nation’s potatoes produced in Idaho and Washington during the fall of 2012. Potato latkes are always a crowd pleaser during Hanukkah.  

Source: National Agriculture Statistics Service, Crop Production, Page 57

http://usda01.library.cornell.edu/usda/current/CropProdSu/CropProdSu-01-11-2013.pdf

$1.4 billion

The estimated value of product shipments of candles in 2011 by U.S. manufacturers. Many of these candles are lit during Diwali, Hanukkah and Kwanzaa celebrations.

Source: U.S. Census Bureau, Annual Survey of Manufacturers,

http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ASM_2011_31VS101&prodType=table

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Weekly Question!

It's time for the Monday question. Each state department of education must have state complaint procedures. In your state how effective are state complaint procedures for resolving systemic issues? We are collecting information on this topic; what have you got?

Is Washington DC Out Of Whack- Part II

(Photo credit: Wikipedia)

As we introduced in the previous post on this topic something seems awry in the nation's capitol.  Since our last post, Congress compromised on a budget so maybe we should take the credit!

But the topic here is that the relief in special ed cases in DC is light on analysis. Particularly in the area of prospective placements.

In most other states relief for a parent showing a denial of FAPE only rarely includes an award of prospective relief.  For example, in Sch Dist of Philadelphia (LV) 112 LRP 57850 (SEA Penna 11/18/12) the hearing officer found a denial of FAPE and awarded compensatory education, but the HO denied the parent request for a prospective private school placement. The HO ruled that parent’s evidence did not show that the school district could not provide an appropriate educational program in the future or that the student required that level of restrictiveness of a public school.  Contrast some DC cases from the same year in which the hearing officer awarded prospective private placement upon finding denial of FAPE with little or no analysis, District of Columbia Public Schs  112 LRP 47403 (SEA DC 6/12/12); District of Columbia Public Schs 112 LRP 36627 (SEA DC 5/1/12); District of Columbia Public Schs 112 LRP 30088 (SEA DC 3/28/12).

I'm wondering why the relief awarded in DC seems to be out of whack? Any theories?

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New Weekly Question!

It's time for the Monday question. Each state department of education must have state complaint procedures. In your state how effective are state complaint procedures for resolving systemic issues?

Systemic Relief and IDEA Class Actions

 (Photo credit: Wikipedia)

Our good friend Professor Mark Weber has a new law review article.  He is one of the true thinkers in the area of special ed law, and his articles are always a good read.

This time he tackles class actions, specifically the effect of the recent Supreme Court decision in Wal Mart upon IDEA class actions. The Wal Mart case involved employment discrimination and placed higher barriers to class certification.  His article tracks the somewhat different approaches of the Seventh and DC Circuits in applying Wal Mart to IDEA class actions.

To me though the most interesting part of the article involves how to redress systemic violations of IDEA. Class actions may still be a viable method as Professor Weber points out, but if courts erect more barriers to class actions, what will be the remedy for systemic violations of IDEA? 

Most states do not allow systemic issues to be raised in due process hearings.  But as Professor Weber points out states are required to have state administrative complaint procedures. 34 C.F.R. §§300.151-300.153. These procedures are supposed to be available for challenges to systemic issues.  Independent Sch Dist No 281 v Minnesota Dept of Educ 48 IDELR 222 (Minn Ct App 2007) See, Letter to Douglas 35 IDELR 278 (OSEP 4/19/2001); OSEP Q & A Document on Dispute Resolution Procedures 61 IDELR 232 (OSEP 7/23/2013) (See Question B-9) 

I'm wondering how well the state complaint procedures address these systemic issues in the states.  Look for a new weekly Monday question on this topic as we seek to gather some data.  More on this later.

In the meantime, be sure to read Professor Weber's thought-provoking article.  If you like special education law, you can and should read it here.

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Weekly Question!

It's time for the Monday question. How would you change the Rowley FAPE standard if at all? We will later do a post featuring some of your ideas. This post will repeat every week until we have a number of responses to report. Thanks for your input.

Is Washington DC Out Of Whack? Part I

Washington DC (Photo credit: eGuide Travel)

OK that seems like a cheap shot title.  Everything about Washington DC is out of whack- starting with the federal government's inability to compromise, or even to govern for that matter. 

But that's not what I'm talking about here.  I'm talking about special education due process hearings, and more specifically the relief that is awarded when a parent wins a due process hearing. As readers likely already know when parents and school districts disagree about the education of a child with a disability, and other procedural safeguards are not successful, the dispute often winds up in a due process hearing.  The doctrine of exhaustion of administrative remedies requires parents to generally try the due process system before jumping to court in almost all cases.

I think that maybe the Washington DC cases are sometimes a bit weak on analysis of the relief awarded.  

Let me back up a step.  It is clear as a matter of law that due process hearing officers have broad equitable authority to fashion an appropriate remedy when they find a violation of IDEA.  Forrest Grove Sch Dist v. TA 557 U.S. 230, 129 S.Ct. 2484, 52 IDELR 151 (U.S.  2009).   This includes the ability to award prospective relief in a case where the facts are extreme. See, Draper v. Atlanta Indep Sch System 518 F.3d 1275, 49 IDELR 211 (11th Cir. 2008). But in general there is a preference under IDEA for a student to be placed in public school. RH by Emily H & Matther H v. Plano Independent Sch Dist 54 IDELR 211 (5th Cir 2010).

More on how DC applies this concept this in the next installment.

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Weekly Question!

It's time for the Monday question. How would you change the Rowley FAPE standard if at all? We will later do a post featuring some of your ideas. This post will repeat every week until we have a number of responses to report. Thanks for your input.

Belated Happy Thanksgiving & Fun Facts

Cranberries popping (Photo credit: Wikipedia)

Please have a wonderful Thanksgiving holiday.

This holiday has always been one of my favorites.  First there is the feast- there is something about whole cranberry sauce that makes me happy.

Then there is the chance to visit with family.  The stresses of modern life make family more important than ever.  I am lucky to have a great family that loves me. The top of the list of many things I have to be thankful for on this day of thanks.

Here are some fun facts related to Thanksgiving from our friends over at the census bureau:

4

Number of places in the United States named after the holiday’s traditional main course. Turkey Creek, La., was the most populous in 2012, with 440 residents, followed by Turkey, Texas (415), Turkey, N.C. (295) and Turkey Creek, Ariz. (294). There are also two townships in Pennsylvania with “Turkey” in the name: Upper Turkeyfoot and Lower Turkeyfoot. (Please note that the Turkey Creek, Ariz., population total pertains to the 2010 Census).

Source: U.S. Census Bureau, 2012 Population Estimates and American FactFinder, Table DP-1, 2010 Census Summary File 1

<http://www.census.gov/popest/data/cities/totals/2012/SUB-EST2012-3.html

>

<http://factfinder2.census.gov/bkmk/table/1.0/en/DEC/10_DP/DPDP1/1600000US0477415

>

7

Number of places and townships in the United States that are named Cranberry or some spelling variation of the acidic red berry (e.g., Cranbury, N.J.), a popular side dish at Thanksgiving. Cranberry Township (Butler County), Pa., was the most populous of these places in 2012, with 28,832 residents. Cranberry township (Venango County), Pa., was next (6,608). (Please note that population totals for the two places on the list that are census designated places ─ Cranbury, N.J., with a population of 2,181, and Cranberry Lake, N.Y., with a population of 200 ─ pertain to 2010.)

Source: U.S. Census Bureau, 2012 Population Estimates and 2010 Census Summary File 1 <http://www.census.gov/popest/data/cities/totals/2012/index.html

> <http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?fpt=table

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32

Number of counties, places and townships in the United States named Plymouth, as in Plymouth Rock, the landing site of the first Pilgrims. The two counties, both named Plymouth, are in Massachusetts (2012 population of 499,759) and Iowa (24,907 in 2012).

Plymouth, Minn., is the most populous place, with 72,928 residents in 2012; Plymouth, Mass., had 57,463 that year.

There are two places in the United States named Pilgrim: One, a township in Dade County, Mo., had a 2012 population of 127; the other, a census designated place in Michigan, had a 2010 population of 11.And then there is Mayflower, Ark., whose population was 2,312 in 2012, and Mayflower Village, Calif., whose population was 5,515 in 2010.

Note: Townships have been included in these counts from 12 states (Connecticut, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Wisconsin) where the primary governmental or administrative divisions of a county serve as general-purpose local governments that can perform the same governmental functions as incorporated places. These county subdivisons are known as minor civil divisions, and the Census Bureau presents data for these in all data products for which place data are provided.

Source: U.S. Census Bureau, 2010 Census Summary File 1 <http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?fpt=table

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<http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?fpt=table

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<http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?fpt=table

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2012 Population Estimates

Counties: <http://www.census.gov/popest/data/counties/totals/2012/CO-EST2012-01.html

>

Cities and Towns: <http://www.census.gov/popest/data/cities/totals/2012/index.html

>

Participants in the First Feast

25.3 million

Number of U.S. residents of English ancestry as of 2012. Some could very well be descendants of the Plymouth colonists who participated in the autumn feast that is widely believed to be one of the first Thanksgivings ─ especially the 684,000 living in Massachusetts.  Source: 2012 American Community Survey, Table B04003

.

6,500

Number of members of the Wampanoag American Indian tribal grouping, as of 2010, roughly half of whom reside in Massachusetts. The Wampanoag, the American Indians in attendance, played a lead role in this historic encounter, and they had been essential to the survival of the colonists during the newcomers’ first year. The Wampanoag are a people with a sophisticated society who have occupied the region for thousands of years. They have their own government, their own religious and philosophical beliefs, their own knowledge system, and their own culture. They are also a people for whom giving thanks was a part of daily life.

Sources: 2010 Census American Indian and Alaska Native Summary File, Table DP-1 <www.census.gov/newsroom/releases/archives/2010_census/cb12-241.html

>; and

American Indian Perspectives on Thanksgiving, National Museum of the American Indian <http://nmai.si.edu/sites/1/files/pdf/education/thanksgiving_poster.pdf

>.

Preparing the Feast … Enjoying the Day … and the Aftermath

98.6%

Percentage of households in 2011 with a gas or electric stove ─ essential for cooking their Thanksgiving feast. Another 96.8 percent had a microwave, also helpful in preparing the meal.

Source: Extended Measures of Well-Being: Living Conditions in the United States: 2011, Table 3 <www.census.gov/prod/2013pubs/p70-136.pdf

>

98.3%

Percentage of households with a television in 2011. No doubt, many guests either before, after, or perhaps even during the feast will settle in front of their TVs to watch some football.

Source: Extended Measures of Well-Being: Living Conditions in the United States: 2011, Table 3 <www.census.gov/prod/2013pubs/p70-136.pdf

>

35.8%

Percentage of households with a stand-alone food freezer in 2011, which they may want to use to preserve their Thanksgiving leftovers. Far more (99.2 percent) have a refrigerator. Once all the guests leave, it will be time to clean up. Fortunately, 69.3 percent have a dishwasher to make the task easier.

Source: Extended Measures of Well-Being: Living Conditions in the United States: 2011, Table 3 <www.census.gov/prod/2013pubs/p70-136.pdf

>

Culinary Delights

64,366

The number of supermarkets and other grocery (except convenience) stores in the United States in 2011. These establishments are expected to be extremely busy around Thanksgiving, as people prepare for their delightful meals. Source: U.S. Census Bureau, County Business Patterns, NAICS Code 44511<http://www.census.gov/econ/cbp/

>

3,889

The number of baked goods stores in the United States in 2011 – a potential place to visit to purchase refreshing desserts. Source: U.S. Census Bureau, County Business Patterns, NAICS Code 445291<http://www.census.gov/econ/cbp/

>

2,918

The number of fruit and vegetable markets in the United States in 2011 – a great place to find holiday side dishes.

Source: U.S. Census Bureau, County Business Patterns, NAICS Code 445230

<http://www.census.gov/econ/cbp/

>

242 million

The number of turkeys forecasted to be raised in the United States in 2013. That is down 5 percent from the number raised during 2012.

Source: USDA National Agricultural Statistics Service, <http://usda01.library.cornell.edu/usda/current/TurkRaisSu/TurkRaisSu-09-30-2013.pdf

>

45 million

The forecast for the number of turkeys Minnesota will raise in 2013. The Gopher State was tops in turkey production, followed by North Carolina (35 million), Arkansas (29 million), Indiana (17 million), Missouri (17 million), and Virginia (16 million).

Source: USDA National Agricultural Statistics Service, <http://usda01.library.cornell.edu/usda/current/TurkRaisSu/TurkRaisSu-09-30-2013.pdf

>

$23.1 million 

The value of U.S. imports of live turkeys for 2012, with 99.8 percent of them coming from Canada. When it comes to sweet potatoes, the Dominican Republic was the source of 51.1 percent ($4.6 million) of total imports ($9.1 million). The United States ran a $17.6 million trade deficit in live turkeys during the period but had a surplus of $71.2 million in sweet potatoes.

Source: U.S. Census Bureau, Foreign Trade Statistics

<http://www.census.gov/foreign-trade

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768 million pounds

The forecast for U.S. cranberry production in 2012. Wisconsin was estimated to lead all states in the production of cranberries, with 450 million pounds, followed by Massachusetts (estimated at 210 million).

New Jersey, Oregon and Washington were also estimated to have substantial production, ranging from 14 to 54 million pounds.

Source: USDA National Agricultural Statistics Service,

<http://usda01.library.cornell.edu/usda/current/Cran/Cran-08-14-2012.pdf

>

2.6 billion pounds

The total weight of sweet potatoes — another popular Thanksgiving side dish — produced by major sweet potato producing states in 2012. North Carolina (1.2 billion pounds) produced more sweet potatoes than any other state, followed by California, Mississippi and Louisiana.

Source: USDA National Agricultural Statistics Service, <http://usda01.library.cornell.edu/usda/current/CropProdSu/CropProdSu-01-11-2013.pdf

>

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