The U.S. Supreme Court is deciding whether to grant review in a case about the degree of educational benefit that a special education student should receive under an Individualized Education Program (IEP) to satisfy the requirements of the (IDEA). “Clearly, the Supreme Court should hear this important case, as the requirement that a student receive an educational benefit goes to the heart of the IDEA,” says Marion Walsh.  Millions of children around the country certain are entitled to more than “some” educational benefit in public schools and the law should, at a minimum, require meaningful educational benefit.

On May 31, 2016, the U.S. Supreme Court asked the Solicitor General to file a brief expressing the views of the United States on this question.

The plaintiffs in the case Endrew F. v. Douglas County School District RE-1 note  that currently the “courts of appeal are in disarray” on the matter of what constitutes a “free, appropriate public education,” as required for students with disabilities by IDEA.

The U.S. Court of Appeals for the 10th Circuit ruled that Endrew F., a Colorado student with autism, received a free, appropriate public education from the Douglas County school district because he received “some educational benefit,” and the court thus rejected reimbursement to the parents for the cost of private school. Reasoning that the IDEA is only “designed to provide a floor” of educational quality,  the hearing officer determined that the school district had provided Drew with a FAPE.  The parents had removed their son from public school after a dispute over the education he received under his IEP in the fifth grade.

In its decision, the appeals court acknowledged that other U.S. courts of appeal have adopted the higher standard of requiring an IEP to deliver a “meaningful educational benefit.” “The U.S. Court of Appeals for the Second Circuit requires this standards and it should be applied uniformly across the country. The standard is still too low,” says Walsh. In requesting review by the Supreme Court, attorneys for Endrew F. argue that the Court should make use of the case to resolve the dispute over this salient issue.

As it has done with many IDEA cases that seem to present an important question, the Supreme Court asked the U.S. Solicitor General to weigh in. The Solicitor General is under no deadline to file the requested brief, and observers say it is unlikely that a response will be filed before the court adjourns for the summer.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Posted in Special Education Advocacy | Comments Off on Special Education Case Seeks Supreme Court Review
Tags: Endrew F. v. Douglas County School District, IDEA, IEP, individuals with disabilities education act

The U.S. Department of Education announced that it will change the way it assesses whether states are meeting the needs of students with disabilities. The department will begin using test scores, graduation rates and other academic information to measure states’ special education performance. The previous system focused on procedural standards, including timelines for due process hearings and evaluations.

According to the department, a change was needed because students with disabilities had lower math and reading scores and lower graduation rates than their peers. Arne Duncan, the U.S. Secretary of Education, said that when special education students are held to high standards, they can excel.

Under the new standards, states that fail to meet certain benchmarks for more than two years could lose some federal funding.

The new standards would be much more stringent. Last year, when the department measured performance by compliance with procedural standards, a total of 41 states and territories were able to meet requirements. This year, when the department included data on student performance, only 18 states and territories met requirements.

The Individuals with Disabilities Education Act (IDEA) requires the department to classify states annually as either meeting requirements, needing assistance, needing intervention or needing substantial intervention.

Under the new Results-Driven Accountability standards, New York State was classified as needing assistance, based on data from 2012-2013.

Littman Krooks assists special needs students and their parents with our special education advocacy services. Visit our website, www.specialneedsnewyork.com to learn more.

Posted in Special Education Advocacy | Comments Off on New Special Education Rules Issued by Education Department
Tags: IDEA, individuals with disabilities education act, new special education rules, special education advocacy, usdoe

Developmental disabilities and delays in children used to be largely ignored before the age of five. Today, it is widely understood that important learning milestones occur well before then, and early therapy can do a great deal to help children.

In 1986, Congress established the Early Intervention (EI) program as part of the Individuals with Disabilities Education Act (IDEA). EI provides a variety of services for children from birth to the age of three to help with their mental, physical, emotional and social development. While not federally mandated, EI is implemented in all 50 states due to strong federal financial incentives.

When parents suspect their child may not be developing properly, a pediatrician can prescribe a full evaluation of the child’s faculties. If tests indicate that the child’s development is not optimal, the family meets with professionals to develop an Individualized Family Service Plan (IFSP). At subsequent annual or biannual meetings, the child’s progress is assessed and the plan is modified as necessary.

Here are some examples of services provided through EI:

Occupational therapy assists in the development of self-help skills, adaptive behavior, and sensory and motor development.

Psychological services include conducting and interpreting psychological tests and planning counseling programs.

Family training assists parents in understanding their children’s unique needs and promoting their development.

Audiology and vision services identify and help correct sensory disorders and mitigate their effect on learning abilities.

Fifty years ago, a developmental problem, left untreated, might have destined a child to be institutionalized, whereas today, early intervention can help that same child integrate well with children their age by the time they reach grade school.

If you suspect your child may have a developmental disability or delay, talk to you pediatrician about testing and the EI program. If you disagree with your doctor’s opinion or the results of your child’s EI evaluation, and believe your child needs EI services, you may want to talk to a special needs advocacy lawyer.

Posted in IEP, New York Special Needs | Comments Off on Early Intervention Aids Children with Developmental Disabilities
Tags: audiology and vision services, early intervention, ei, family training, IDEA, IFSP, individualized family service plan, individuals with disabilities education act, occupational therapy, psychological services