Breaking; Supreme Court To Consider Meaningful vs. Some Educational Benefit #RowleyStandard # FAPE

The United States Supreme Court yesterday granted certiorari in the case of Endrew F. v Douglas County School District, No. 15- 827.  This case gets to the heart of special education law. Does FAPE require an IEP to be reasonably calculated to provide some educational benefit as the Supremes have previously said or does FAPE require an IEP that is designed to provide meaningful educational benefit. Or maybe the court will state that there is really no difference between the two standards. Remember that there are only eight justices as of now. If the decision is 4-4, it will have no precedential value.

Here is our post concerning the high court's request for a brief from the Solicitor General.  Here is a post on the Fourth Circuit decision. Finally, this post explains the Rowley standard in general and a more detailed discussion of the some benefit vs. meaningful benefit arguments..

Here is the discussion of the acceptance of the case on the SCOTUS blog. Here is the case page on SCOTUS.

Sometimes My Job Is Pretty Cool #WhereIsJG

Breaking: U S Department of Education Releases Guidance On English Language Learners #ELL #USDOE

The U S Department of Education last week issued guidance concerning English Language Learners. The press release notes that ...

In the 2014-15 school year, more than 4.8 million English learners were enrolled in U.S. schools in grades K-12. English learners comprise nearly 10 percent of the student population nationwide, a figure that has more than doubled in the past few decades, and in many schools, districts and states, English learners are an even higher percentage of the student population. Estimates suggest that this number may be even higher for learners under the age of six... 

This guidance includes information and resources for state, district, and school personnel, including:

• Use of Title III funds to serve ELs;
• Design and delivery of language instruction educational programs, which include educators of ELs;
• Key information on family, parent and community engagement;
• Key information on distinct populations of ELs, including early learners, former ELs, immigrant students, and ELs who are also students with disabilities;
• Clarifications of the rights ELs have under federal civil rights law related to supports and services;
• A list of publications and resources for administrators and educators who work with ELs

You can read the press release here. The entire 48 page guidance document here.

Weekly Question!

We are running a Series on Procedural Safeguards. Which of the procedural safeguards under IDEA are most effective in protecting the educational rights of children with disabilities? #SpEdProcedures

Where Do The Presidential Candidates Stand on Special Education? #election2016

We have sent a questionnaire to the Republican and Democratic candidates for President of the United States. The questionnaire seeks their opinions on special education issues, some of which were suggested by our readers in  response to one of our weekly questions. So far neither has responded. We will update with any responses we do receive.

In the meantime, here are some other indications of education positions: BallotPedia has set forth the 2016 presidential candidates' positions on education as they have described them themselves here. Here is a summary of key education positions of the candidates by Education Week.  This article in The Atlantic concerns education policies of the two major party candidates. Please let us know your reactions. You may also find some information on the candidates' positions on their own campaign websites. How important is the position of the presidential candidates on education to you?

Weekly Question!

We are running a Series on Procedural Safeguards. Which of the procedural safeguards under IDEA are most effective in protecting the educational rights of children with disabilities? #SpEdProcedures

Breaking:GAO Study Finds School Chioce Programs Are Growing and May Violate IDEA #school choice #GAO

A recent study by the General Accountability Office finds that school choice programs are growing. The study casts some doubt upon whether the school choice programs are in compliance with the provisions of the Individuals with Disabilities Education Act requiring private schools to conduct child find and provide equitable services to students with disabilities.

The report finds that  "officials in all four states GAO visited—comprising half of all private choice programs and two-thirds of participating students—said that vouchers and ESAs complicate their efforts to implement these requirements. Further, although Education officials said that a student’s participation in private school choice programs does not affect the federal equitable services requirements, officials GAO spoke to in two states expressed confusion about whether a student’s participation in these programs changed their eligibility for these services."

You can read the 55 page report here. A one page summary is available here.

Sometimes My Job Is Cool #WhereIsJG

Weekly Question!

We are running a Series on Procedural Safeguards. Which of the procedural safeguards under IDEA are most effective in protecting the educational rights of children with disabilities? #SpEdProcedures

Procedural Safeguards - The Series Part IV #SpEd procedures

This is the fourth installment in a multi-part series on procedural safeguards under the federal special education law, the Individuals With Disabilities Education Act. I work a lot in this area, so it is near and dear to my heart. Despite the importance of procedural safeguards. however, many issues in this area are misunderstood. I hope that all of the different types of special education stakeholders who read this blog find the information in this series helpful. .

Independent Educational Evaluations

The parents of a child with a disability have the right to an independent educational evaluation (hereafter sometimes referred to as “IEE.”) IDEA Section 615(b)(1). The IEE must be provided by the school district at public expense unless the school district files a due process complaint and shows that its evaluation was appropriate. 34 CFR Section 300.502(b). See Stepp ex rel MS v Midd West Sch Dist (JG) 65 IDELR 46 (MD Penna 2/23/15) {affirming HO decisions @112 LRP 45128 and 113 LRP 16891} Court agreed with HO that parent was not entitled to IEE at public expense because SD evaluation was appropriate.

The U. S. Supreme Court found the right to an IEE to be a very important safeguard for parents, and relied on it in part, in rejecting the argument that school districts had an advantage in terms of expertise and knowledge. Schaffer v. Weast 546 U.S.49, 126 S.Ct. 528, 44 IDELR 150 (2005).

Parents may obtain only one IEE at public expense each time the school district conducts an evaluation with which the parents disagree. 34 CFR Section 300.502(b)(5). The purpose of this regulation is to protect the parents’ right to an IEE (OSEP rejected a suggestion limiting a parent to one IEE in a child’s school career) while ensuring that a school district does not have to bear the cost of multiple IEEs concerning a single disagreement. 71 Fed. Register No. 156 at page 46690 (August 14, 2006).

OSEP has noted that where a hearing officer orders an IEE, parental consent is needed for the release of education records to the independent evaluator. If the parent refuses to consent, the hearing officer could decide to dismiss the parent’s complaint. 71 Fed. Register No. 156 at page 46690 (August 14, 2006).

If a parent obtains an IEE at public expense, but disagrees with the result, the school district could introduce it as evidence in a due process hearing. 71 Fed. Register No. 156 at page 46690 (August 14, 2006). 

Letter to Savitt 64 IDELR 250 (OSEP 2/10/14) Where an IEE is publicly funded, SEAs and LEAs cannot have policies restricting the amount of time that third party evaluators may conduct classroom observations unless the SD similarly limits the duration of classroom observations by SD evaluators. 



My Sunmmary Of Caselaw from 2014-2015 Is Now Available For Purchase #JG Outline

So listen: I only run one ad per year.  It is tempting to "monetize" this blog as the hucksters of blog advertising keep telling me. Yet I have so far resisted the temptation of loading this blog with ads. The blog is a lot of work and I spend a lot of time posting what I hope is useful information, but I primarily mean it to be a public service. Our main goals in establishing this blog over nine years ago were to provide a discussion of special education law issues from an impartial perspective and to put special education stakeholders and practitioners in touch with other available resources.  In view of these goals I have so far resisted the temptation to advertise products on the blog.  In view of the amount of work the blog takes, I am rethinking the ad-free policy and I would appreciate your thoughts.

Another purpose of the blog, however, was to inform people of the services I offer in the field of special education law.  I have decided, therefore, to occasionally let readers know on these pages some of the resources and services that I make available. So far, these would include only items that I have created myself. 

I have a legal update I want you to buy.  Now available for purchase is a  319 page outline of the caselaw from courts and hearing officers that were issued in calendar years 2014-2015. This is the same legal update outline that I use in part when training hearing officers, mediators, complaint investigators, monitors, state department of education staff and other persons.  The outline has been successfully used by hundreds of people as a starting point for legal research on a topic of interest or an issue in a special ed case.  Lawyers, advocates, parents, school officials and other readers of this blog will find the outline to be an invaluable tool as a starting point for their research.  It does not cover every decision and I can only provide my take on the caselaw, but it is a very thorough legal update. I prepare one each year for the caselaw primarily from the two previous years. 

The price of the outline is $299.00.

If you are interested in purchasing the outline, please send me an email at jimgerl@gmail.com and I will send you all of the details. 

There was a positive reaction to the summary of caselaw the last time I offered it for sale on this blog.  I appreciate your feedback on this matter as well as ads on the blog in general.

Weekly Question!

We are running a Series on Procedural Safeguards. Which of the procedural safeguards under IDEA are most effective in protecting the educational rights of children with disabilities? #SpEdProcedures

Happy Labor Day #Labor Day

Tomorrow is Labor Day, an important holiday: Happy Labor Day.

To help us celebrate here are some fun facts from our friends at the Census Bureau:

The first observance of Labor Day was likely on Sept. 5, 1882, when some 10,000 workers assembled in New York City for a parade. The parade inspired similar events across the country, and by 1894 more than half the states were observing a “workingmen’s holiday” on one day or another. Later that year, with Congress passing legislation and President Grover Cleveland signing the bill on June 29, the first Monday in September was designated “Labor Day.” This national holiday is a creation of the labor movement in the late 19th century and pays tribute to the social and economic achievements of American workers. Who Are We Celebrating? 158.5 million The number of people age 16 and over in the nation’s labor force as of May 2016. Source: U.S. Bureau of Labor Statistics, Table A www.bls.gov/news.release/pdf/empsit.pdf                                          Our Jobs

Source: U.S. Bureau of Labor Statistics, Occupations with the Highest Employment, May 2015www.bls.gov/oes/2015/may/area_emp_chart/area_emp_chart.htm 16.4 million The number of wage and salary workers age 16 and over represented by a union in 2015. This group included both union members (14.8 million) and workers who reported no union affiliation but whose jobs were covered by a union contract (1.6 million). Among states, New York continued to have the highest union membership rate (24.7 percent), and South Carolina had the lowest rate (2.1 percent).Source: U.S. Bureau of Labor Statistics www.bls.gov/webapps/legacy/cpslutab1.htm  andwww.bls.gov/news.release/union2.t05.htm 15.2 million The number of employed female workers age 16 and over in service occupations in 2014. Among male workers age 16 and over, 11.8 million were employed in service-related occupations. Source: U.S. Census Bureau, 2014 American Community Survey, Table C24010 http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/C24010 1.9% The percentage increase in employment, or 141.9 million, in the U.S. between December 2014 and December 2015. In December 2015, the 342 U.S. counties with 75,000 or more jobs accounted for 72.5 percent of total U.S. employment and 77.8 percent of total wages. These 342 counties had a net job growth of 2.2 million over the year, which accounted for 81.4 percent of the overall U.S. employment increase. Source: U.S. Bureau of Labor Statistics www.bls.gov/news.release/cewqtr.nr0.htm Another Day, Another Dollar $50,383 and $39,621 The 2014 real median earnings for male and female full-time, year-round workers, respectively. The 2014 real median household income of $53,657 is not statistically different in real terms from the 2013 median of $54,462. Source: U.S. Census Bureau, Income and Poverty in the United States: 2014www.census.gov/content/dam/Census/library/publications/2015/demo/p60-252.pdf $74,297 The 2014 median Asian household income, the highest among race groups. The median income of non-Hispanic, white households was $60,256 and for black households it was $35,398. For Hispanic households the median income was $42,491. Source: U.S. Census Bureau, Income and Poverty in the United States: 2014 https://www.census.gov/content/dam/Census/library/publications/2015/demo/p60-252.pdf Fastest Growing Jobs 108.0% The projected percentage growth from 2014 to 2024 in the number of wind turbine service technicians (4,400 jobs in 2014), the projected fastest-growing occupation. Meanwhile, the occupation expected to add the greatest number of positions over this period is personal care aides (458,100). Source: U.S. Bureau of Labor Statistics www.bls.gov/emp/ep_table_103.htm  and www.bls.gov/emp/ep_table_104.htm Employee Benefits 88.8% The percentage of full-time, year-round workers age 18 to 64 covered by health insurance during all or part of 2014. Source: U.S. Census Bureau, Health Insurance Coverage in the United States: 2014, derived from Table 3  www.census.gov/content/dam/Census/library/publications/2015/demo/p60-253.pdf Say Goodbye to Summer Labor Day is celebrated by most Americans as the symbolic end of the summer and the start of the back-to-school season. 25,214 The number of shoe stores for back-to-school shopping in 2014. Also catering to back-to-school needs were 28,138 family clothing stores; 7,898 department stores; 7,351 children and infants’ clothing stores; 6,823 office supply and stationery stores; and 6,888 book stores. Source: U.S. Census Bureau, 2014 County Business Patterns http://factfinder.census.gov/bkmk/table/1.0/en/BP/2014/00A1/0100000US/naics~448130|44814|448210|451211|4521|453210 21,830 The number of sporting goods stores nationwide in 2014. Examples of these types of stores include athletic uniform supply, fishing supply and exercise equipment, as well as bicycle and golf pro shops. In U.S. sports, college football teams usually play their first games the week before Labor Day, with the NFL traditionally playing its first game the Thursday following Labor Day. Source: U.S. Census Bureau, 2014 County Business Patterns, NAICS 451110 http://factfinder.census.gov/bkmk/table/1.0/en/BP/2014/00A1//naics~451110 53,306 The number of travel agents employed full time, year-round in the U.S. in 2014. In addition, there were 15,875 tour and travel guides employed full time, year-round nationwide. On a weekend intended to give U.S. workers a day of rest, many people climb into their drivers’ seats or board an airplane for a quick end of the summer getaway. Source: U.S. Census Bureau, 2014 American Community Survey, Table B24124 http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/B24124 904,084 The number of paid employees (for the pay period including March 12) who worked for a gasoline station in the U.S. in 2014. Oregon (10,629 paid gasoline station employees) and New Jersey (17,411 paid gasoline station employees) are the only states without self-service gasoline stations. Oregon was the first state to make Labor Day a holiday in February 1887. Source: U.S. Census Bureau, 2014 County Business Patterns, NAICS 447 http://factfinder.census.gov/bkmk/table/1.0/en/BP/2014/00A1/0100000US|0100000US.04000/naics~447 The Commute to Work 6.3 million The number of commuters who left for work between midnight and 4:59 a.m. in 2014. They represented 4.5 percent of all commuters. The most common time was between 7 a.m. and 7:29 a.m. – with 20.6 million commuters. Source: U.S. Census Bureau, 2014 American Community Survey, Table B08132 http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/B08132 4.5%    The percentage of workers age 16 and over who worked at home in 2014. Source: U.S. Census Bureau, 2014 American Community Survey, Table B08128 http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk 76.5% The percentage of workers age 16 and over who drove alone to work in 2015. Another 9.2 percent carpooled and 0.6 percent biked to work. Source: U.S. Census Bureau, 2014 American Community Survey, Table S0801 http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/S0801 26.0 minutes The average time it took workers in the U.S. to commute to work in 2014. New York (32.6 minutes) and Maryland (32.3 minutes) had the most time-consuming commutes. Source: U.S. Census Bureau, 2014 American Community Survey, Table R0801 http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/R0801.US01PRF

Ten Things To Know Before Going Back To School and Other Fun Facts #back to school

The Disability Connection newsletter for August has a list of ten things to know before going back to school. The list includes such relevant topics as:  bullying, test anxiety, service dogs and a number of other useful items- each filled with links to helpful resources. Here, for example, is number two concerning IDEA and §504:

2. IDEA and Section 504. Some of the most important special education services are required by the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. IDEA ensures that school-age children with disabilities receive a free and appropriate public education. It also provides for special education services, including an individualized education program (IEP). The IEP contains goals for the student and spells out the services that will be provided, which are decided by a team of individuals involved in the student’s education. A Section 504 plan can be an alternative to the IEP and outlines how a child’s specific needs can be met with modifications and services to remove barriers to learning. So, how are these two laws different? Section 504’s definition of disability is broader: a child is eligible if they have a mental or physical disability that limits major life activity, a record of the disability or is regarded as having a disability. There are also differences between IDEA and Section 504 in how funds are used, how students are evaluated and the process used that’s used if a parent disagrees with the identification, evaluation or placement of a student.

You can read the entire very informative list here.  

Ah, back to school! While we are on the topic, here are some fun (and interesting) facts from our friends at the Census Bureau concerning the back to school season. NOTE especially the number of students who speak a language other than English at home!:

Students

77.2 million

The number of children and adults enrolled in school throughout the country in October 2014 — from nursery school to college. They comprised 25.6 percent of the entire population age 3 and older. Source: School Enrollment – Social and Economic Characteristics of Students: October 2014, Table 1 www.census.gov/hhes/school/data/cps/2014/tables.html

Pre-K through 12 Enrollment

48.3 million

Fall enrollment for elementary and secondary public school systems in 2013. Source: Public Elementary-Secondary School System Finances by Enrollment-Size Groups: Fiscal Year 2014, 2014 Annual Survey of School System Finances http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=SSF_2014_00A13&prodType=table

$11,009

The amount of current spending per pupil for elementary and secondary public school systems in the United States in 2014. Source: Per Pupil Amounts for Current Spending of Public Elementary-Secondary School Systems by State: Fiscal Year 2014, United States, States, 2014 Annual Survey of School System Finances http://factfinder.census.gov/bkmk/table/1.0/en/SSF/2014/00A08

  

79.3%

The percentage of children 3 to 6 years old who were enrolled in school as of October 2014. Source: School Enrollment – Social and Economic Characteristics of Students: October 2014, Table 3 www.census.gov/hhes/school/data/cps/2014/tables.html

80.5%  

The percentage of children ages 3 to 6 enrolled in kindergarten who attended all day, as of October 2014. Source: School Enrollment – Social and Economic Characteristics of Students: October 2014, Table 3 www.census.gov/hhes/school/data/cps/2014/tables.html

25.6%   

The percentage of elementary through high school students who had at least one foreign-born parent in October 2014. Source: School Enrollment – Social and Economic Characteristics of Students: October 2014, Table 1 www.census.gov/hhes/school/data/cps/2014/tables.html

  

Languages

11.8 million

Number of school-age children (5 to 17) who spoke a language other than English at home; 8.5 million of these children spoke Spanish at home. Source: 2014 American Community Surveyhttp://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/B16004

Rewards of Staying in School

$83,417

Average earnings of full-time, year-round workers age 18 and older with a bachelor’s degree or higher in 2014. Workers whose highest degree was a bachelor’s had mean earnings of $72,896. Mean earnings for full-time, year-round workers with a high school diploma (includes GED certificate) was $42,094, while workers with less than a ninth grade education had $31,288 average earnings. Source: Income and Poverty in the United States: 2014, Table PINC-04 www.census.gov/data/tables/time-series/demo/income-poverty/cps-pinc.html