Monday, September 28, 2015
Wednesday, September 23, 2015
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.
Monday, September 21, 2015
Tuesday, September 15, 2015
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 "...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."
Monday, September 14, 2015
Wednesday, September 9, 2015
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:
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.
IDEA, § 615(h)(2); 34 C.F.R. § 300.512(a)(2
IDEA, § 615(h)(1); 34 C.F.R. § 300.512(a)(1).
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).