Weekly Question!

A recent Tenth Circuit opinion discussed the difference, if any, between "meaningful benefit" vs. "some benefit" for the FAPE standard. Which should be the standard? Do you think that there is a difference?

No Child Left Behind - an Oral History #NCLB

Have you ever wondered about the inside story behind the passage of the No Child Left Behind law? I came across an oral history that you might find interesting.  Check it out here.

Congress is currently debating the long overdue reauthorization of ESEA as we used to, and may once again, call the education law. Here is a Huffington Post story on the upcoming conference committee. Here is the Department of Education's page on the reauthorization.  Here is a look at the money being spent on it.

Weekly Question!

A recent Tenth Circuit opinion discussed the difference, if any, between "meaningful benefit" vs. "some benefit" for the FAPE standard. Which should be the standard? Do you think that there is a difference?

Feds Release Guidance on Inclusion of Children With Disabilities in Early Childhood Programs #inclusion

The federal departments of Education and Health & Human Services issued guidance yesterday urging early learning programs to adopt inclusion of children with disabilities.  The guidance urges school districts, states, lead agencies and other providers to ensure that children with disabilities receive high quality early learning programs in an inclusive setting.

The policy statement asserts that "...all young children with disabilities should have access to inclusive high-quality early childhood programs, where they are provided with individualized and appropriate support in meeting high expectations.  Children with disabilities and their families continue to face significant barriers to accessing inclusive high-quality early childhood programs, and too many preschool children with disabilities are only offered the option of receiving special education services in settings separate from their peers without disabilities."

"The ED/HHS policy statement:

• Sets an expectation for high-quality inclusion in early childhood programs;
• Highlights the legal and research base for inclusion;
• Identifies challenges to adopting inclusive practices;
• Provides recommendations to States and local programs and providers for increasing inclusive early learning opportunities for all children; and
• Links to free resources for States, local programs and providers, and families that have been developed to support inclusion of children with disabilities in high-quality early education programs.

The policy statement was written with the input of early learning professionals, families, and other early learning stakeholders. Though it focuses on including young children with disabilities, it is ED’s and HHS’s shared vision that all people be meaningfully included in all facets of society throughout the course of their lives. This begins in early childhood programs and continues into schools, places of employment, and the broader community."

You can review the press release here.  The guidance includes a review of the legal requirements of IDEA, Parts C & Part B §619, as well as §504, ADA and Head Start. The guidance document is available here.

Weekly Question!

A recent Tenth Circuit opinion discussed the difference, if any, between "meaningful benefit" vs. "some benefit" for the FAPE standard. Which should be the standard? Do you think that there is a difference?

Special education Law 101 - Part XVII #procedures

This is the final post in a  series of posts comprising an introduction to special education law.  This series is meant to be an introduction for newbies and a refresher course for more experienced readers. 

Today's post concerns some additional unusual procedural issues in due process hearings:

   Resolution Session

IDEA provides provides that where a parent requests a due process hearing, the school district must convene a resolution session within 15 days of receipt.  The school district may not bring their lawyer unless the parent does so. An agreement resulting from a resolution session is legally binding and enforceable in court, but either party may void such an agreement within 3 business days. The federal regulations provide that if a parent does not participate in the resolution session the district may request that the HO dismiss the complaint.

IDEA, § 615 (f)(1)(B); 34 C.F.R. § 300.510.

                                         Evidence

IDEA, § 615(h)(2); 34 C.F.R. § 300.512(a)(2

                                         Representation

IDEA, § 615(h)(1); 34 C.F.R. § 300.512(a)(1).

        Other procedures

IDEA, § 615(h)(3); 34 C.F.R. §       300.512(a)(4)&(5) and 300.512(c)(1)-(3).

       45 day Rule/ Deadline for Decision

The hearing officer’s decision is due within 45 days after the conclusion of the 30 day resolution period, subject to various possible adjustments and extensions if granted by the hearing officer.

34 C.F.R. § 300.511(e) and (f).

New Weekly Question!

A recent Tenth Circuit opinion discussed the difference, if any, between "meaningful benefit" vs. "some benefit" for the FAPE standard. Which should be the standard? Do you think that there is a difference?