Special Education
Laws & News
Across the States
NY: NYC Ed Dept. out of compliance with special education federal court order
Chalkbeat
After a federal judge in 2023 ordered city officials to make dozens of reforms to more swiftly provide special education services to families who won legal disputes, top Education Department officials embraced the extra oversight. Yet almost as soon as the order was handed down, the city began to miss deadlines. Now, two years later, the Education Department has failed to comply with most of the order’s requirements. At the time of the ruling, former schools Chancellor David Banks displayed an unusual level of support for a court action targeting his own agency. “We, too, believe that change is long overdue,” he said. “We are moving aggressively to set a new course.” However, out of the 51 steps outlined in the court order issued by Manhattan federal Judge Loretta Preska, the city has implemented just 21 of them, according to a July report from a court-appointed monitor. Some of the requirements are more than a year overdue.
PA: Secretive special education settlements from due process complaints cost school districts millions
The Philadelphia Enquirer
As she tried to determine why her child was struggling to read as an older elementary student, the mother identified flaws with instruction in the Council Rock School District — from curriculum to a lack of staff trained in a method designed for dyslexic students. She thought the district would fix the problems. Instead, it agreed to pay for what her child needed — but didn’t change its programs. “They just want to make me quiet, and for me to go away, and then just continue on,” the mother said. The mother, who spoke to The Inquirer on the condition of anonymity because she isn’t allowed to reveal the terms of the settlement she reached with Council Rock, is one of hundreds of Philadelphia-area parents who have made similar deals with school districts after challenging the adequacy of their special education services.
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ID: Idaho schools are breaking special education laws, failing students with disabilities
ProPublica
In Idaho, students with disabilities have performed worse in reading and math than many of their peers in other states, federal data shows. Idaho was among the states with the most founded complaints per capita in recent years, according to a national center that analyzes data on complaints and provides support to states. Over the past five years, investigators found in over 70% of the complaints filed in Idaho that districts had broken the law. But the state often closes cases without making sure the districts have fully solved the problems, parents across Idaho told the Statesman and ProPublica. Districts can resolve the violations without “really changing their ways,” said Amy Martz, a Utah-based attorney who has worked with families in Idaho. “There’s no teeth.”
IL: Preston measure expanding advocate information for families of students with disabilities signed into law
Illinois Senate Democrats
“This legislation ensures that families know what services are available to them as they help their child navigate the educational space,” said Preston (D-Chicago). “All students deserve a fair and just education experience.” House Bill 1366 will ensure that all parental notification for IEP meetings inform parents that they may invite other individuals to assist who have knowledge or special expertise regarding the child. Some examples of the individuals may include stepparents, relatives, doctors, therapists or nurses. Additionally, the Illinois State Board of Equation will be required to create and distribute materials to all school districts about the IEP facilitation process, which must also be sent to parents and guardians when they are notified of an upcoming IEP meeting.
IL: How will CPS changes affect special education in Chicago?
The Chicago Reporter
July was Disability Pride Month. During the past month, Chicago disability advocates had been grappling with the potential impact that a $734 million Chicago Public Schools (CPS) budget shortfall could have on special education programming. In early July, CPS announced changes in staff distribution and the layoff of special education professionals, including 677 class assistants, or SECAs, and 123 special education teachers. The changes have left community members wondering how this shift will impact their schools–and if this decision is an indicator of future budget cuts to special education. A spokesperson from CPS claimed the mass layoffs are unrelated to the deficit, but the timing of the decisions led advocates and families to believe these changes are budget-related. The staffing shift and layoffs happened at the same time CPS has been working to solve the nine-figure deficit that, according to a budget presentation by CPS, was partially driven by the “rising needs of required services for students with disabilities.”
LA: Families Helping Families aids parents of special needs kids
nola.com
With a new school year beginning, parents metro-wide are helping their children get back into the swing of education. For parents of students with disabilities, however, the challenge can be much greater. Families Helping Families of Greater New Orleans is there to help them navigate a sometimes confusing school system, offering one-to-one advice as well as seminars on students’ rights and help with other classroom issues. One student who has benefited from FHF is Kevin Scallan, who was born with Down syndrome and a congenital heart defect. During his first 18 months, Kevin was in and out of the hospital, living through several surgeries. “By the time Kevin was about 2 years old, I knew he would be in special education,” said his mother, Karen Scallan. “I reached out to Families Helping Families of Greater New Orleans for help in understanding the special education process and our rights, how to advocate for Kevin, and helping him the to get the services he needed.”
TX: Texas overhauls special education funding with $850 million boost
KfoxTV
Texas is pumping an additional $850 million into special education as part of a sweeping reform that reshapes how school districts receive funding. Rachel Adame Anderson, a Professional Development Consultant with Region 19 Education Service Center, said the changes are designed to prioritize equity and student safety. But the new funding doesn’t stop there. Support allotments have doubled, and the state has committed $1.3 billion in basic cost assistance under House Bill 2. According to Anderson, the increased funding helps close a $1.7 billion gap caused by years of under-identification and the now-eliminated 8.5% cap on special education enrollment.
NJ: NJ updates IEP rules to help parents, adds state working group
Chalkbeat
Gov. Phil Murphy signed a new law this week that requires New Jersey public schools to provide parents of students with disabilities with more information about a child’s annual special education program meeting ahead of time. The new law mandates that schools provide parents with a written statement of items to be discussed at an annual individualized education program, also known as an IEP, meeting no later than two business days before it takes place. Previously, the law only required parents to receive details about a meeting’s purpose, time, location, and participants.
LA: La. schools must update disability policies under new law
nola.com
Starting this year, Louisiana school districts must install cameras in all special-education classrooms and make changes to their special education policies, under a new state law that puts additional safeguards in place for students with disabilities. Under Act 479, which the Legislature passed this year, schools must place at least one camera in every special-education classroom by next February. The law also puts new restrictions on the practice of physically restraining students with disabilities or putting them in separate “seclusion” rooms. For example, a school nurse or other staffer must visit any student who is secluded or restrained, and school personnel must file detailed incident reports. Those changes take effect Dec. 1, though districts have until next May to submit updated policies to the state. The law also authorizes the state education department to develop a free “crisis intervention” training program for school staffers on how to properly restrain students during emergencies. The changes come after a 2024 report from the Louisiana Legislative Auditor’s office found that, despite warnings from advocates and the federal government that using seclusion and restraint in schools can endanger students and potentially violate their rights, the state education department had failed to properly monitor how public schools use the practices.
WA: NW SOIL lawsuit expands with new Pierce County cases
Tacoma News Tribune
Four families have joined a lawsuit against a now-closed school for students with disabilities and several Pierce County school districts. Outlined in documents filed with the Bethel, Federal Way, Tacoma, and University Place school districts earlier this month, four former students at the Northwest School of Innovative Learning and their families allege that the districts and the now-shuttered school contributed to abusing students. The update comes after two families filed suit in April against Fairfax Behavioral Health, the parent company for the Northwest School of Innovative Learning, and the Tacoma and University Place school districts, outlining similar allegations.