Special Education
Laws & News
Across the States
MA: Payano-led law keeps immigrant, disabled student protections in the event of fed changes
Wavelengths
A new law, championed by Sen. Pavel M. Payano, guaranteeing public education for immigrant and disabled students in the state, was signed by Gov. Maura Healey last Wednesday. Payano said the bill he sponsored in the Senate with Sen. Sal DiDomenico cements existing national protections that could be threatened by future federal rollbacks.“This new law affirms the right to a public education regardless of whether you are an immigrant or disabled student, because every child in our Commonwealth deserves that guarantee,” Payano said. “We have learned in recent years that we cannot rely upon Supreme Court decisions or federal guidelines to continue to uphold essential rights that our constituents rely upon.”
MN: Decade after damning report, Minneapolis still fails special ed kids
MinnPost
In 2014, Minneapolis Public Schools commissioned a review of its special education programs. The resulting 46-page report was packed with data pointing to an overarching, damning conclusion: The district had a systemwide literacy crisis. Until it was able to teach all of its challenged students to read, children with disabilities would necessarily lag. At that time, about 25% of special education students were literate, as measured by state reading assessments, even though research suggests 75% of children with learning differences are generally capable of performing at grade level. The report contained a number of recommendations and a warning: The needed changes “would typically take 1-3 years of careful planning, research, communication, coordination and roll-out, with a commitment from the leadership to provide focus and stability during the implementation process.”
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.