Monday, February 29, 2016
New Weekly Question!
What are the hot button issues in special education law? What should we be talking about?
Tuesday, February 23, 2016
Breaking: Feds Propose New IDEA Rule Concerning Race in Identification and Discipline #disproportionality
The U S Department of Education proposed a new rule today concerning racial equity with respect to IDEA. Data analysis by the Department reveals that African-American students are identified as IDEA eligible and subjected to harsher discipline than their white classmates.
You may recall that in 2013, the Government Accountability Office issued a report highly critical of the racial disparity in special education. See our blog post here.
The Department states in support of the proposed rule that:
"In order to address those inequities, IDEA requires states to identify districts with "significant disproportionality" in special education—that is, when districts identify, place outside the regular classroom, or discipline children from any racial or ethnic group at markedly higher rates than their peers. According to a new analysis by the Department of data states submitted under IDEA, hundreds of districts around the country with large racial and ethnic disparities go unidentified. For example, 876 school districts gave African American students with disabilities short-term, out-of-school suspensions at least twice as often as all other students with disabilities for three years in a row. But, in 2013, states identified fewer than 500 districts in total with "significant disproportionality."
...The proposed Equity in IDEA rule would, for the first time, require states to implement a standard approach to compare racial and ethnic groups, with reasonable thresholds for determining when disparities have become significant. That determination is critical to ensuring students get the supports they need and deserve. Once identified as having a significant disproportionality, the district must set aside 15 percent of its IDEA, Part B funds to provide comprehensive coordinated early intervening services. Further, the policies, practices, and procedures of the district must be reviewed, and, if necessary, revised to ensure compliance with IDEA.
The proposed rule would also provide identified districts with new flexibility to support the needs of students. The Department has proposed to broaden the allowable uses of the 15 percent set aside, currently used to fund early intervening services, to include services to students with and without disabilities, from ages 3 through grade 12. Up until now, identified districts could only use these funds to support students without disabilities, and only in grades K through 12, severely limiting the use of interventions that might address early needs and reduce disparities in the placement and discipline of students with disabilities."
You can read the entire 180 page proposed rule here. The Department of Education press release is available here.
What are your thoughts on this proposed rule?
Monday, February 22, 2016
New Weekly Question!
What are the hot button issues in special education law? What should we be talking about?
Friday, February 19, 2016
Breaking: White House & Department of Education Declare War on Chronic Student Absenteeism #chronic absenteeism
Today the White House and the federal Department of Education, in partnership with the Ad Council, launched a campaign designed to reduce chronic school absenteeism.
The press release states as follows:
"Chronic absenteeism, or missing at least ten percent of school days in the school year, or a month or more of school, excused or unexcused, is a leading cause of low achievement and a powerful predictor of which students will eventually drop out of school. Five to seven and a half million children miss a month or more of school each year, putting them at significant risk of falling behind and not graduating from high school. Half the high-need students who fall off-track to high school graduation do so in just 65 school districts. Chronic absenteeism is often the first flag.
A recent report by America’s Promise Alliance shows that students in our highest need communities typically experience “relationship poverty,” which greatly increases the odds that they will dropout. The research showed that having a caring adult in their lives was a major counter force to dropping out. Having a caring adult in school had the largest impact of all – reducing the likelihood of leaving school by 25%.
Every Student, Every Day Campaign is focused on the estimated 5 to 7.5 million students who are chronically absent each year. Defined as missing at least 10 percent (approximately 18 days) of school days in a school year, chronic absenteeism puts students at heightened risk of falling behind and dropping out of school. Together, communities can address and eliminate chronic absenteeism, and ultimately boost student success and strengthen our nation's workforce and our future prosperity. As part of this initiative, the Administration is collaborating with states, local communities, and nonprofit, faith, and philanthropic organizations to support local, cross-sector efforts."
You may recall that last October, the Department of Education, along with three other agencies announced a joint program to combat chronic absenteeism. Dear Colleague Letter 115 LRP 48468 (Depts of Labor,
Justice, Education & HUD 10/7/15)
You can read the current DOE fact sheet here.
Thursday, February 18, 2016
House Education Committee Warns Feds Re New ESEA #ESEA
The Committee on Education and the Workforce of the U.S. House of Representatives held an oversight hearing on February 10th, concerning the newly revised Elementary and Secondary Education Act. The law, formerly known as No Child Left Behind, and currently sometimes referred to as the Every Child Succeeds Act, is apparently high on the committee's list of priorities. The committee seems to be very critical of the Department of Education.
“The passage of the Every Student Succeeds Act puts states and school districts back in charge of education, and includes more than 50 pages of provisions to keep the Department of Education in check,” Committee Chairman Rep. Todd Rokita (R-IN) said. “Moving forward, it’s our collective responsibility to hold the Department of Education accountable for how it implements the law. Congress promised to restore state and local control over K-12 education, and now it’s our job to ensure that promise is kept.”
You can read the Committee's press release here. Video of the hearing is available below:
Monday, February 15, 2016
New Weekly Question!
What are the hot button issues in special education law? What should we be talking about?
Friday, February 12, 2016
New Report: Seclusion & Restraint Practices Abused in Wisconsin #seclusion #restraint
A new report by Disability Rights Wisconsin, Wisconsin Family Ties and Wisconsin FACETS finds that children in Wisconsin schools continue to be subjected to seclusion and restraints despite the passage of a state law in 2012 that regulates these practices.
Here is a quote from the summary:
The 2016 report details how families continue to report instances in which children, even those as young as five, are being secluded and restrained repeatedly, sometimes daily. The report gives data from each Wisconsin school district that responded to the records request, showing a total of 20,131 incidents of seclusion and restraint in the 2013/14 school year, involving 3,585 students overall, 80% of whom were students with disabilities.
“This continues to be a serious issue. We work with families whose children have suffered emotional and physical injury due to seclusion and restraint,” says Monica Murphy, managing attorney at Disability Rights Wisconsin. “While the passage of Act 125 was a good step, the data is still disturbing.”
The report highlights great discrepancy in how districts across the state report their data; continued confusion on the definitions of seclusion and restraint; significant concerns regarding the role of law enforcement officers in restraining students; and a lack of parent notification when these practices are occurring.
You may read the entire 88 page report here. A summary is available on the DRW website.
We have had many previous posts on seclusion and restraint issues. Here is one on the jaw-dropping study in 2009. Here is our post on the ill-fated Keep All Children Safe Act.
Monday, February 8, 2016
Breaking News: New GAO Study Finds That State and Local Rules Frustrate Special Educators #GAO
Today the federal Government Accountability Office issued a report that concludes that state and local rules and regulations complicate federal efforts to reduce paperwork and administrative burdens on special educators. {Alert readers will remember that the GAO used to have the less sexy title: Government Accounting Office...Visions of green eye shades likely caused the change of title.}
The report notes that special educators said that they spend one to two hours per day on administrative tasks- time that might be better utilized in the classroom. This is a provocative statement. Interestingly, however, the GAO made no recommendations in this report.
The report contains a wealth of information about this topic. You ca read a summary here. The full 37 page report is available here.
Weekly Question!
As we run a series of posts on my interview with Michael Yudin, asst Secretary of Ed for Special Ed, etc, it should be obvious that I didn't get to ask all the questions that I wanted to ask in the limited time available to him. What would you like to ask Michael Yudin?
Saturday, February 6, 2016
Super Bowl Sunday
As many of you get ready to enjoy the Super Bowl, please enjoy the following fun facts from our friends at the U. S. Census Bureau - including some nuggets about changes over the last 50 years.
Super Bowl 50: Feb. 7, 2016
Super Bowl 50 will be played Feb. 7 at Levi’s Stadium in Santa Clara, Calif. The first Super Bowl was played on Jan. 15, 1967, at Los Angeles Memorial Coliseum, with the Green Bay Packers beating the Kansas City Chiefs by the score of 35-10. This will be the second time the NFL’s championship game will be held in the San Francisco Bay Area. In the last one, the San Francisco 49ers beat the Miami Dolphins 38-16 at Stanford Stadium in 1985.
To commemorate this year’s golden anniversary Super Bowl, the Census Bureau has compiled a collection of facts looking at how life has changed from 1967 to 2016 and examining the demographics of the host metropolitan area, as well as the metro areas represented by the two participants — the Denver Broncos and the Carolina Panthers.
Go to <http://quickfacts.census.gov
> for more statistics about the cities involved. Unless otherwise noted, all comparisons are statistically significant at the 0.10 level.
How Things Have Changed
U.S. Population
1967: 197.5 million
2016: 322.8 million
Sources: Estimates of the Population of the United States by Age, Sex and Race: April 1, 1960, to July 1, 1973
Monthly Population Estimates for the United States: April 1, 2010, to December 1, 2016 <http://www.census.gov/popest/
>
Population of Santa, Clara, Calif., site of Super Bowl 50
April 1, 1970: 86,118
July 1, 2014: 122,192
Sources: 1970 Census <http://www2.census.gov/prod2/
>
U.S. Census Bureau, Vintage 2014 Population Estimates <http://factfinder.census.gov/
>
World Population
1967: 3.5 billion
2016: 7.3 billion
Source: Census Bureau, International Data Base <http://www.census.gov/
>
Median Sales Price of a New Single-Family Home
1967: $22,700
2016: $282,800 (as of 2014)
Note: Sales prices shown are not adjusted for inflation or other factors.
Source: U.S. Census Bureau, Median and Average Sales Prices of New Homes Sold in United States: 1963-2015 <https://www.census.gov/
>
Cost of a Gallon of Regular Gas
1967: 33 cents ($2.13 in 2015 dollars)
2016: $1.86 (as of Jan. 25, 2016)
Source: U.S. Energy Information Administration, U.S. Gasoline and Diesel Retail Prices <http://www.eia.gov/dnav/pet/
>
Price of Milk
1967: $1.03 gallon ($7.32 in 2015 dollars)
2016: $3.31 gallon (as of 2015)
Source: Bureau of Labor Statistics, Consumer Price Index <http://data.bls.gov/cgi-bin/
>
Cost of a First-Class Stamp
1967: 5 cents (36 cents in 2015 dollars)
2016: 49 cents
Source: U.S. Postal Service <https://www.usps.com/ship/
>
Median Age at First Marriage
1967: 23.1 men; 20.6 women
2016: 29.2 men; 27.1 women (as of 2015)
Sources: U.S. Census Bureau <http://www.census.gov/
>
U.S. Census Bureau, 2014 American Community Survey <http://factfinder.census.gov/
>
Number of Foreign-Born People
1967: 9.6 million (as of 1970: They comprised 4.7 percent of the total population, and Italy was the leading country of origin.)
2016: 42.4 million (as of 2014: They comprised 13.3 percent of the total population, and Mexico was the leading country of origin.)
Sources: Historical Census Statistics on the Foreign-Born Population of the United States: 1850 to 2000 <http://www.census.gov/
>
U.S. Census Bureau, 2014 American Community Survey <http://factfinder.census.gov/
>
Average Household Size
1967: 3.28 people
2016: 2.54 people (as of 2015)
Source: U.S. Census Bureau, Current Population Survey (Households by Size: 1960 to Present)<http://www.census.gov/hhes/
>
Number of People Age 65 and Older
1967: 19.1 million
2016: 46.2 million (as of 2014)
Sources: Estimates of the Population of the United States by Age, Sex and Race: April 1, 1960, to July 1, 1973 <https://www.census.gov/prod/
>
U.S. Census Bureau, 2014 Population Estimates <http://factfinder.census.gov/
>
Median Age of the Population
1967: 28.1
2016: 37.7 (as of 2014)
Sources: Estimates of the Population of the United States by Age, Sex and Race: April 1, 1960, to July 1, 1973 <https://www.census.gov/prod/
>
U.S. Census Bureau, 2014 Population Estimates <http://factfinder.census.gov/
>
Life Expectancy at Birth
1967: 70.5 years
2016: 78.8 years (as of 2013)
Sources: Historical Statistics of the United States: Colonial Times to 1970<http://www2.census.gov/prod2/
>
Centers for Disease Control and Prevention <http://www.cdc.gov/nchs/
>
Percentage of Women in the Labor Force, Age 16 and Older
1967: 41.1%
2016: 56.7% (as of 2015)
Source: Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey<http://data.bls.gov/
>
Percentage of the Population, Age 25 and Older, who had at Least a High School Diploma
1967: 51.1%
2016: 88.3% (as of 2014)
Sources: U.S. Census Bureau, 1967 Current Population Survey <http://www.census.gov/hhes/
>
U.S. Census Bureau, 2014 Current Population Survey <http://www.census.gov/hhes/
>
Median Annual Household Income
1967: $7,143 ($44,282 in 2014 dollars)
2016: $53,657 (as of 2014)
Sources: 1968 and 2015 Current Population Survey Annual Social and Economic Supplements. Table H5. <http://www.census.gov/hhes/
>
Most Popular Baby Names for Boys and Girls
1967: Michael and Lisa
2016: Noah and Emma (as of 2014)
Source: Social Security Administration, Most Popular Baby Names <https://www.ssa.gov/OACT/
>
Active-Duty Military Personnel
1967: 3.4 million
2016: 1.3 million (as of Nov. 30, 2015)
Sources: U.S. Census Bureau, 1969 Statistical Abstract <http://www2.census.gov/
>
Department of Defense <https://www.dmdc.osd.mil/
>
Denver Broncos
21st
Where Denver ranked on the list of the nation’s most populous metropolitan areas. The estimated population of the Denver-Aurora-Lakewood, Colo., metro area on July 1, 2014, was 2,754,258. The Denver area gained 54,508 people from July 1, 2013, to July 1, 2014. At the time of the Broncos’ first season in 1960, the 1960 Census population for the city of Denver was 493,887.
Sources: Vintage 2014 Population Estimates, 1960 Census <http://factfinder.census.gov/
>
40.8%
Percentage of Denver metro area residents 25 and older who had a bachelor’s degree or higher in 2014; 89.7 percent had at least graduated from high school. The respective national figures were 30.1 percent and 86.9 percent.
Source: 2014 American Community Survey <http://factfinder.census.gov/
20.6%
Percentage of Denver metro area residents 5 and older who spoke a language other than English at home. The national average was 21.1 percent. These figures are not statistically different.
Source: 2014 American Community Survey <http://factfinder.census.gov/
$66,870
Median household income for the Denver metro area. The national median was $53,657.
Source: 2014 American Community Survey <http://factfinder.census.gov/
$276,800
Median home value of owner-occupied homes in the Denver metro area. The national median was $181,200.
Source: 2014 American Community Survey <http://factfinder.census.gov/
>
27.4 minutes
Average amount of time it took Denver metro area residents to get to work; 76.3 percent of the metro area’s workers drove to work alone, 8.8 percent carpooled and 4.5 percent took public transportation. Nationally, it took an average of 26.0 minutes to get to work.
Source: 2014 American Community Survey <http://factfinder.census.gov/
Carolina Panthers
22nd
Where Charlotte ranked on the list of the nation’s most populous metropolitan areas. The estimated population of the Charlotte-Concord-Gastonia, N.C.-S.C., metro area on July 1, 2014, was 2,380,314. The Charlotte area gained 42,975 people from July 1, 2013, to July 1, 2014. At the time of the Panthers’ first season in 1995, the July 1, 1995, estimated population for the city of Charlotte was 473,355.
Sources: Vintage 2014 Population Estimates, Population Estimates for the Years 1994-1999
32.9%
Percentage of Charlotte metro area residents 25 and older who had a bachelor’s degree or higher in 2014; 88.1 percent had at least graduated from high school. The respective national figures were 30.1 percent and 86.9 percent.
Source: 2014 American Community Survey <http://factfinder.census.gov/
13.3%
Percentage of Charlotte metro area residents 5 and older who spoke a language other than English at home. The national average was 21.1 percent.
Source: 2014 American Community Survey <http://factfinder.census.gov/
$53,549
Median household income for the Charlotte metro area. The national median was $53,657. These figures are not statistically different.
Source: 2014 American Community Survey <http://factfinder.census.gov/
$169,400
Median home value of owner-occupied homes in the Charlotte metro area. The national median was $181,200.
Source: 2014 American Community Survey <http://factfinder.census.gov/
>
26.1 minutes
Average amount of time it took Charlotte metro area residents to get to work; 81.0 percent of the metro area’s workers drove to work alone, 9.4 percent carpooled and 1.9 percent took public transportation. Nationally, it took an average of 26.0 minutes to get to work, which is not statistically difference from the Charlotte metro area’s time.
Source: 2014 American Community Survey <http://factfinder.census.gov/
Friday, February 5, 2016
Where Do Presidential Candidates Stand on Disability Issues?
OK so I'm not going to ask any questions until the major parties select a candidate. For the record, this blog never supports any candidate in any election. We do try to obtain information for our readers, however. Once the players are determined, we'll send out a questionnaire.
In the meantime, over at the RespectAbility Blog, they have already sent questionnaires to the presidential candidates, The candidates earned points by having any plan as to an issue. Hillary Clinton and Bernie Sanders each earned 100 points, and Jeb Bush got a 94. On the other end of the spectrum, Donald Trump and Ted Cruz each got a zero by not returning the questionnaire. The folks at RestectAbility entered this word of caution in interpreting the scores:
While there are three candidates with extremely high scores, they have dramatically different ideas about how to deal with the issues. It’s extremely important to read to their full answers so that you can understand their important differences. Issues in the detailed scorecard include employment, stigma, education, safety, transportation, housing, healthcare, foreign affairs and other issues.
Wednesday, February 3, 2016
Feds Issue Guidance To States on Transition to New ESEA #ESEA
The U.S. Department of Education has issued guidance to states concerning the transition to the new provisions of the Elementary and Secondary Education Act, fka No Child Left Behind, and now also known as the Every Student Succeeds Act. The Dear Colleague letter to Chief State School Officers is available to read here.
In a previous post, we discussed the major changes in the new law. You may read that post here.
The Department of Education earlier released preliminary guidance on the new ESEA. We discussed the earlier guidance here.
Monday, February 1, 2016
Weekly Question!
As we run a series of posts on my interview with Michael Yudin, asst Secretary of Ed for Special Ed, etc, it should be obvious that I didn't get to ask all the questions that I wanted to ask in the limited time available to him. What would you like to ask Michael Yudin?
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