Special Education Action

Office for Civil Rights Initiates Directed Investigation into District of Columbia Public Schools The Investigation Will Focus on Disability Discrimination & Comes on the Heels of a Class Action Lawsuit Moving Forward Against District of Columbia's Office of the State Superintendent for Education

@usedgov.bsky.social announced a directed investigation into D.C. Public Schools. Office for Civil Rights to helm the investigation & focus on determining “if the district is failing to meet the needs of students with special needs or disabilities.”

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Why are Prior Written Notices Called “Prior” If They Come After IEP Proposals? Many Parents Understandably Wonder: If Changes are Discussed and Proposed During IEP Meetings, Why Does the "Prior" Written Notice Come After?

Question:
A Prior Written Notice is provided after changes are proposed during IEP meetings, so why is “prior” a part of its name?

Answer:
The key distinction is between discussion, finalization, consent, and implementation. . . .

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Special Education Action Launches Paid Subscription Special Education Action made the difficult but necessary decision to transition from a free to a paid subscription model

In 2020, Special Education Action launched w/a goal to provide content free of charge. By 2025, rising operational & FOIA request costs made this unsustainable. Hence, the transition to a paid subscription. Thanks for your support in this next chapter. www.specialeducationaction.com/p/special-ed...

Bill Gates: "You Really Should Stick it in the AI and Say, Explain This to Me Like a 6th Grader" Microsoft Founder Bill Gates has a great suggestion for understanding difficult texts, which can be used to help students who struggle with Dyslexia, reading comprehension, advocacy, anxiety, & more.

Bill Gates' suggestion for understanding difficult texts can be used to help students who struggle w/Dyslexia, advocacy, anxiety & more

Rather than considering AI a tool for cheating &/or an accommodation, it must be considered an education enhancer.

www.specialeducationaction.com/p/bill-gates...

Court Sets Precedent: Accommodations are Not Substitutions for Remediation A high school student graduated with a 3.4 GPA, even though he couldn't read. He advanced from grade to grade using speech-to-text, ChatGPT, Grammarly, and other AT accommodations.

A high school student graduated with a 3.4 GPA, even though he couldn't read. He advanced from grade to grade using speech-to-text, ChatGPT, Grammarly, and other AT accommodations.

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Accommodation Breakdown: Flash Pass Words matter, especially when it comes to writing IEPs and 504 Plans.

What’s the Accommodation?

Use of a flash pass.

How is it Supposed to be Implemented?

Student is given a flash pass to use throughout the school year. It grants student freedom to leave class as needed, w/o restrictions on frequency or duration.

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Kimberly Richey Nominated to Be Assistant Secretary for Civil Rights OCR Announced Directed Investigations into Two of the Largest School Divisions in the United States When Richey was Acting Assistant Secretary for Civil Rights Under the Previous Trump Administration

Kimberly Richey nominated to serve as Assistant Sec for Civil Rights for @usedgov.bsky.social

1.12.21: When she previously held the same position, OCR announced directed investigations into @laschools.bsky.social & Fairfax County Public Schools.

www.specialeducationaction.com/p/kimberly-r...

Massachusetts Department of Elementary and Secondary Education at Fault for Multiple Counts of Noncompliance with IDEA Massachusetts Joins Growing List of States Identified by U.S. Department of Education as Noncompliant with Individuals with Disabilities in Education Act

@usedgov.bsky.social found Massachusetts Dept. of Elementary & Secondary Education at fault for multiple counts of noncompliance w/Individuals with Disabilities in Education Act.

www.specialeducationaction.com/p/massachuse...

Office for Civil Rights Hits Record Low for Resolutions Released in January; Over 5,000 Disability Discrimination Complaints Remain Pending Six Weeks Into 2025, OCR Has Release Eight Investigation Findings and/or Resolutions. None Address Disability Discrimination.

@usedgov.bsky.social OCR Hit Record Low for Resolutions Released in Jan. YTD, OCR Released 8 Investigation Findings &/or Resolutions. None Address Disability Discrimination. Yet, there are 5K+ pending cases, 50+ have been pending 10+ years
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A Response to Intervention Cannot Be Used To Delay Or Deny An Evaluation For Special Education Services The United States Department of Education stated that, "State and LEAs have an obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of i...

A Response to Intervention Cannot Be Used to Delay or Deny an Evaluation for Special Education Services

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VDOE Finds Prince William County Public Schools in Noncompliance with IDEA January 16, 2025, Virginia Department of Education (VDOE) found Prince William County Public Schools (PWCPS) at fault for noncompliance with IDEA. The compl ...

Virginia Department of Education found @pwcsnews.bsky.social at fault for noncompliance w/IDEA, specifically related to a parent's request for an IEP meeting.

specialeducationaction.com/vdoe-finds-p...

Virginia Dept. of Education Opens Complaint Against Chesterfield County Public Schools; Investigation to Focus on Systemic Noncompliance Related to Transportation January 23, 2025, Virginia Department of Education issued a notice of complaint (NOC) announcing its investigation into Chesterfield County Public Schools f ...

Virginia Dept of Ed opened an investigation into CCPS for systemic noncompliance related to:

Free Appropriate Public Education (FAPE) – Transportation

Individualized Education Program (IEP) - Implementation

specialeducationaction.com/virginia-dep...

Class-Action Lawsuit Continues Forward; Related Service of Transportation at Core of Suit Against District of Columbia's OSSE A class-action lawsuit against District of Columbia's Office of the State Superintendent for Education will continue forward. The case was filed by fiv ...

Class-action lawsuit against DC's OSSE continues forward. Case filed by 5 parents of students who have disabilities & by @thearcus.bsky.social. Focuses on failures to provide "safe, reliable, & appropriate" transportation for students who have disabilities.
specialeducationaction.com/class-action...

Over 900 Pages Removed from U.S. Department of Education’s Site; Wayback Machine Provides View of Removed Content and Presidential Practices Between January 18 and January 23, 2025, over 900 pages of content were removed from U.S. Department of Education’s site. The content removed focuses on top ...

Between Jan 18 & 23, 900+ pages were removed from US Dept of Ed site. Content removed focused on topics like OCR's findings/guidance. Pages archived by Wayback Machine indicate removing content is a presidential practice going back to at least Obama.

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Office for Civil Rights Releases Report Describing OCR’s Enforcement Record During Biden-Harris Administration "Office for Civil Rights’ new report, Protecting Civil Rights:  Highlights of Activities, Office for Civil Rights 2021-25", covers OCR’s enforceme ...

Office for Civil Rights releases report describing OCR enforcement record during Biden-Harris administration, says 2021–2025 marked “the most productive four years in [OCR’s] history" and a dramatic decline in staffing.

specialeducationaction.com/office-for-c...

Office for Civil Rights Releases Civil Rights Data for 2021-22; Inequities in Education Continue New data indicate inequities in education remain stark nationwide. U.S. Department of Education's Office for Civil Rights released data from its 2021-2 ...

Inequities in education remain stark nationwide.

Office for Civil Rights released data from its 2021-22 Civil Rights Data Collection. According to OCR, the 2021-22 CRDC contains information from over 17,000 school districts and over 98,000 schools.

specialeducationaction.com/office-for-c...

VDOE FOIA: Independent Evaluation Reports for Virginia Department of Education and Related Correspondence and Invoices October 2023 reports for two evaluations VDOE commissioned to assess special education, correspondence between VDOE's Dr. Lisa Coons and the evaluators ...

VDOE released 2 independent evaluations of its SpEd program, which it commissioned. However, it didn't advise the public that 1 of the reports was revised & it didn't release the original report, related invoices or communication until it was FOIA'd.
specialeducationaction.com/vdoe-foia-in...

What do You Say When the School Says "No"? You Ask, "Where's the Beef?" Parent: The school keeps saying "No" to everything I request, even though I have data supporting my student's needs for what I'm request ...

The school keeps saying "No" to everything I request, even though I have data supporting my student's needs for what I'm requesting. What do I do?

Answer:

You ask, "Where's the beef?" (a.k.a. "Show me the data")

specialeducationaction.com/what-do-you-...

FCPS FOIA: Blankingship & Keith February 23, 2021, Invoices Fairfax County Public Schools (FCPS), Virginia, has been a client of law firm Blankingship & Keith for decades. This record includes over 100 pages of i ...

100+ pages of invoices dated 2021.02.23, covering work between Oct 2020 & Jan 2021, which indicate B&K spent time on:

possible regulation of advocates
auditor response letter
review of media talking points
new regulations re restraint & seclusion
& more

specialeducationaction.com/fcps-foia-bl...

Office for Civil Rights Addresses Retaliation in New Guidance Document U.S. Department of Education Office for Civil Rights (OCR) released the new guidance document Civil Rights Protections Against Retaliation.

Office for Civil Rights releases new document that “explains the key elements of retaliation, outlines how OCR assesses retaliation claims, and provides examples that, depending on the facts and circumstances, could raise concerns of unlawful retaliation.”

specialeducationaction.com/office-for-c...

FOIA Release: Office for Civil Rights' Open Investigations for Virginia Department of Education Office for Civil Rights (OCR) provided a response to a Freedom of Information (FOIA) request submitted to its office for “all letters issued from OCR to Lisa Coons and/or Jillian Balow between Jan 1, ...

FOIA Release: Office for Civil Rights' Open Investigations for Virginia Department of Education

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How to File a Privacy Violation Complaint Did your school division violate the privacy of your child? To file a complaint, you have a choice of filing with U.S. Dept. of Ed. SPPO and/or the state.

How to File a Privacy Complaint

Parents and/or students who believe a student’s privacy has been violated under FERPA, have a right to file a complaint. However, students who have IEPs have additional protection under IDEA.

specialeducationaction.com/how-to-file-...

In Case You Missed It: U.S. Dept. of Education's Functional Behavior Assessment Webinar December 3, 2024, U.S. Department of Education (USDOE) held a webinar focused on using functional behavior assessments (FBA) to help shift from reactive exclusionary discipline to proactive support.

In Case You Missed It: U.S. Dept. of Education's Functional Behavior Assessment Webinar

specialeducationaction.com/in-case-you-...

Parents Sue Literacy Experts, Publishers, and Schools; Who is Responsible, How Far Will This Go, and Why Does Big Pharma Come to Mind? December 4, 2024, two Massachusetts parents filed a lawsuit against literacy experts Lucy Calkins, Irene Fountas, and Gay Su Pinnell; Board of Trustees of Teachers College, Columbia University; Heinem...

Parents Sue Literacy Experts, Publishers, and Schools; Who is Responsible, How Far Will This Go, and Why Does Big Pharma Come to Mind?

specialeducationaction.com/parents-sue-...

Students' Behavioral Needs are Focus of New U.S. Department of Education Guidance Document U.S. Department of Education released a new guidance document to "help schools and early childhood programs better support students’ behavioral needs.& ...

U.S. Department of Education released a new guidance document to "help schools and early childhood programs better support students’ behavioral needs." Centers for Disease Control found "school discipline is an urgent public health problem."

specialeducationaction.com/students-beh...