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In this issue of the Special Ed Advocate you will learn about tutoring as a direct service under IDEA, not an accommodation or modification. Find out why some schools say no to services. Tutoring as a Direct Service under IDEA
Special Education Legal News
On March 22, 2017, the Supreme Court in Endrew v. Douglas County unanimously rejects the de minimis standard (read the Decision) for one that is markedly more demanding than the ‘merely more than de minimis’ test applied by the 10th Circuit. In his opinion, Chief Justice Roberts says a student offered an educational program providing merely more than de minimis progress from year to year can hardly be said to have been offered an education at all.” Click here to see Pete’s discussion and analysis of the SCOTUS decision.
** M.C. v. Antelope Valley Union School District. ** First Court of Appeals decision since the Supreme Court issued the decision in Endrew F. The M.C. v. Antelope Valley will be a Wrightslaw 2017 Case of the Year.
OCR Section 504 Guidance The U.S. Department of Education released three new sets of guidance (re: discrimination, restraint and seclusion, charter schools) about interpreting and enforcing federal civil rights laws protecting the rights of students with disabilities. Guidance clarifies the responsibilities of educational institutions in ensuring that all students have the opportunity to learn.
Hot Topics in Special Education Law Advocacy
If a child is performing below grade level, the child needs to receive specialized instruction; IEP team needs to develop annual goals to close the gap. (Policy Guidance from OSERS, 11/16/15)
Guidance Publication on Educating Students with Dyslexia, Dyscalculia and Dysgraphia The USDOE issued guidance about the need to address the unique educational needs of children with dyslexia, dysgraphia and dyscalculia and the legal requirements for ensuring that these students receive a high-quality education. Please make copies and share!
Special Education / Education
* New to Wrightslaw? * In this short video, Pete Wright gives you a tour of Wrightslaw and shows you how to find answers to questions.
Listen and Watch Pete’s video about the case AC v. Shelby County. In April 2013, the US Court of Appeals for the Sixth Circuit issued a decision about retaliation against a child with Type 1 diabetes. The case focused on false allegations of child abuse by the school principal.
IDEA 2004 Resources
New! Tribute to Diana Hanbury King – Pete’s Orton-Gillingham tutor in the early 1950’s. As a tribute for and in preparation for Diana’s 90th Birthday Party held at the Kildonan School on September 2, 2017, Pete prepared a special page about Diana. Until her work with Pete using the Orton-Gillingham Approach for two years, he was labelled as uneducable.
For a year and a half, Pete and Pam Wright were Adjunct Professors of Law at the William and Mary School of Law where they taught a course about special education law and advocacy and assisted in creating the Law School’s Special Education Law Clinic. They are co-founders and faculty at the William and Mary Law School Institute of Special Education Advocacy (ISEA).
Wrightslaw: Special Education Law, 2nd Edition (ISBN: 978-1-892320-16-2, 456 pages) available in two formats, as a print publication and as a print and e-book combo.
Wrightslaw: Special Education Legal Developments and Cases 2015 (ISBN: 978-1-892320-37-7, 104 pages) available in two formats, as an immediate PDF download. Print copy is available from Amazon.
Fetaweb.com, the companion website to Wrightslaw: From Emotions to Advocacy, has advocacy information and resources to supplement the FETA book.
IDEA 2004 at Wrightslaw provides current information about the Individuals with Disabilities Education Act of 2004 (IDEA 2004). Learn about new requirements for IEPs, IEP teams, IEP meetings, eligibility, evaluations, eligibility for specific learning disabilities, child find, reevaluations, parental consent, accommodations, alternate assessments, transition, and more.