Special Education
Laws & News
Across the States
FL: Florida phasing out certificates of completion for students with disabilities
WPBF
The Florida Board of Education recently voted to phase out certificates of completion for students with disabilities at K-12 schools. Those certificates were given to students who couldn’t complete the coursework needed for a diploma. Advocates said that this gives students the chance to go down one of several pathways the state offers to earn a standard high school diploma, opening up even more employment opportunities. “It really is a useless piece of paper, to tell the truth. I mean all a certificate of completion says is that you showed up to school,” Sue Davis-Killian, the director of education for Gold Coast Down Syndrome Organization, said. Davis-Killian said in her 25 years on the job, none of their students have received a certificate of completion. “For our students with Down syndrome, they have what’s called the standard diploma via Access Points. And Access Points are simply the alternative curriculum for students with significant cognitive disabilities,” Davis-Killian said. The Florida Board of Education voted to amend the Florida Administrative Code last week following a new state law sunsetting the certificates that went into effect on July 1.
ID: Critchfield requests $50 million special ed budget increase
Dailyfly News
State superintendent Debbie Critchfield wants $50 million to cut into Idaho’s special education budget gap. The grant program is the one big-ticket item in Critchfield’s 2026-27 budget request, submitted to Gov. Brad Little Friday. The budget would push general fund K-12 spending above the $3 billion mark for the first time in state history, an 8.9% increase.
This week, two of Critchfield’s top aides said the special education line item is the sole increase in a hold-the-line budget. “This is the one area that deserves the Legislature’s attention, the governor’s attention,” said Greg Wilson, Critchfield’s chief of staff.
MA: Audit details lack of state education oversight around special ed, child safety, LGBTQ training
WBUR News
A new state audit finds the Massachusetts Department of Elementary and Secondary Education failed to properly investigate reports of alleged misconduct by teachers in the classroom. The 52-page audit report, which covers a period spanning July 1, 2021 to June 30, 2023, also finds that DESE didn’t resolve special education complaints in a timely manner and failed to hold up its end of an agreement to ensure that LGBTQ training was taking place in school districts. Specifically, the auditor found that the agency, which oversees pre-K to grade 12 education in Massachusetts, came up short by failing to obtain adequate information from the Department of Children and Families regarding suspected cases of educator abuse or neglect of students; [and] failing to ensure special education complaints were investigated and resolved within the federally-mandated 60-day time frame. Additionally, the audit concluded that only 28% of special education complaints were handled by DESE within the federally-required 60-day timeframe.
MT: Judge hears arguments in lawsuit challenging Montana education savings accounts
KXLF
On Thursday, a state district judge in Helena heard arguments on whether a school choice program for students with disabilities violates the Montana Constitution. In 2023, the Montana Legislature passed and Gov. Greg Gianforte signed House Bill 393. The law established education savings accounts for students with special needs. If an eligible student is not enrolled full-time in a public school, their family can apply to the state to get reimbursement for other educational expenses, including private school tuition, tutoring and educational therapies. Going into this school year, the Montana Office of Public Instruction reported more than 70 students in 21 counties were participating in the program.
The Montana Quality Education Coalition and Disability Rights Montana filed suit over HB 393, arguing that it violated the constitutional guarantee of educational equality for all students.
NH: New Hampshire’s anti-DEI law faces constitutional test
Valley News
Since 1990, New Hampshire public schools have been required to give students with disabilities personalized plans. Known as individualized education programs, the plans are the key mechanism by which parents ensure that their child has services and accommodations for their disability. But a group of school districts argue a new “anti-DEI” state law signed into the budget this year could disrupt those plans. And they’re seeking to convince a federal court to strike the law down for being unconstitutionally vague. The state’s attorney general’s office counters that the law will not affect special education services, and is instead targeted at programs that unfairly advantage certain demographics over others. And lawyers for the state said the law is clear. “It is our position that this is not a vague statute,” said Senior Assistant Attorney General Brandon Chase. But during oral arguments between plaintiffs and the state Wednesday, Judge Landya McCafferty of the U.S. District Court of New Hampshire appeared sympathetic to plaintiffs’ contentions that the new law is difficult to understand and comply with and could muzzle free speech.
UT: Herriman parent raises concern over behavioral level system for students with disabilities
KMYU.TV
A behavioral level system at the Jordan School District is causing concern for a Herriman parent, as she feels it is unfair and possibly discriminates against children with disabilities. Kori Frank’s son is new to the Herriman Elementary Behavioral unit this year. Frank said early on, teachers explained the Social, Emotional, and Behavioral (S.E.B) level system to her. Essentially, the S.E.B. level means all students are placed at a level 1, and they must earn points to advance to higher levels to access more privileges, like playing on the playground.
WV: Teachers required to complete special education training to enhance student support
WCHSTV
House Bill 2499 was signed into law in April, requiring teachers and school leaders to take a one-day training course, ensuring they are aware of rules put in place to protect themselves and students in special education. “We always try to keep students in the least restrictive placement when we are developing what a student’s actual needs are through that IEP,” said Suzanne Stephens, Cabell County Schools director of special education. “We found that the more that they are with their non-disabled peers, it’s better for the student’s overall growth.” This is being done so teachers can safely speak up for what their students need without fear of retaliation, and for parents to have a better understanding of the entire special education process.
This law states that principals have to make sure parents receive clear explanations during IEP meetings. During these meetings, students who have disabilities have a custom plan mapped out for what they need in order to succeed in school.
AR: Arkansas parents ask judge to reject motion to dismiss school voucher case
Arkansas Advocate
The LEARNS Act is a 2023 law that made sweeping changes to Arkansas’s K-12 education system. Among other things, the law raised the state’s minimum teacher salary to $50,000 and created a school voucher program called the Educational Freedom Account program, which allows state funds to be used for allowable education expenses such as private school tuition. In a lawsuit filed June 13 in the U.S. District Court for the Eastern District of Arkansas, four parents and legal guardians of public school children argue the EFA program violates the Establishment Clause of the First Amendment because “it aids in the establishment of religions” by providing state funding to private schools operated by religious organizations. The program also violates the Equal Protection clause of the Fourteenth Amendment because it discriminates against low-income families who cannot afford private school costs, families in rural areas where there are fewer private schools, and students with disabilities because private schools are exempt from the federal Individuals with Disabilities Education Act, according to the complaint.
ME: Maine public schools are starting to provide special education to preschoolers. Demand is high.
Portland Press Herald
As more districts prepare to take over services for 3- to 5-year-olds with disabilities, a pilot program shows positive results and steep challenges ahead. Under federal law, states are required to ensure all children can successfully participate in the public education system. For young children with disabilities, that means providing them with the resources. St. George Municipal School District superintendent Mike Felton thought long and hard about opting into a Maine Department of Education program to have public school districts provide special education services to qualifying 3- to 5-year-old children. Now, as the first year of the program comes to an end, he says that although there were bumps in the road, he’s glad he opted in.
TN: Tennessee students with disabilities to be removed from class with new rule
Tennessee schools can now more quickly remove some students with disabilities from their classrooms. The state Board of Education on Aug. 15 approved an amended state rule allowing schools to temporarily remove students to an environment such as a special education classroom or even into an alternative school before a formal behavioral assessment is completed or even started. A 2022 state rule required Tennessee schools to perform an FBA, a comprehensive assessment required by the federal Individuals with Disabilities Education Act, when a student is engaging in dangerous or “highly disruptive” behavior. But Tennessee education officials told the board earlier this year that educators interpreted the 2022 rule to mean a student could not be removed until the assessment was completed, which could mean a lengthy waiting period for districts with limited resources. Board Vice-Chair Darrell Cobbins said he fielded multiple emails and calls from concerned parents and advocates on the issue. He had questions about how the policy would be used, but said he was satisfied that it provides protections from “one individual” making a swift decision to remove a student.