On the Call: Graduation Deferment

Graduating from high school is a significant milestone for any student, but for special education students, exiting from services can sometimes trigger last-minute deferment requests from parents. Jeremy and Erin discuss what is – and isn’t – required of schools under IDEA, what constitutes a diploma in some circumstances, and considerations the IEP team should keep in mind as the student progresses toward graduation. They share a recent case from New Jersey that defined a diploma under state law and reinforced the district’s actions in recognizing the diploma. They provide ideas to help lay the groundwork early for the transition which will have you tossing your cap high at the end of the year! 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Methodology

Just when you think you have earned the scout badge in IEP writing, a parent asks for the methodology which can feel like pouring water on the perfect campfire you just built! In this episode, Erin and Jeremy discuss how methodology can be selected and the requirements for including it in the IEP under IDEA. The discussion includes a case from Maine where a District learned a hard lesson when it failed to include methodology in the IEP and adjust it based on a lack of progress. They highlight the importance of reviewing data and actively listening when requests come in so you and the team successfully take home all the badges.  

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

Special Education Update: Next at Bat: What’s Coming Up in 2024

Special Education Update: Next at Bat: What’s Coming Up in 2024

While most New Year’s resolutions are all but forgotten by now, several federal agencies have promised new rules or updates to rules to take effect sometime in 2024. Here’s a quick look at New Year’s resolutions – the federal addition, and their possible impact on special education.

Title IX – the long-awaited and much anticipated final Title IX rules are now scheduled to be published in 2024, giving the Administration ample time to review the over 240,000 comments on the proposed changes. Having had a sneak peek at the proposed rules, districts can expect that IEP and 504 teams will have a greater role in Title IX investigations and grievance resolution. The proposed rules specifically provide that a student with a disability involved in a Title IX proceeding will be best served by the Title IX Coordinator consulting with the student’s IEP team to 504 team throughout the implementation of the grievance procedures. This statement suggests that the role of the team will not be relegated to the beginning of the process or in developing supportive measures, but that the expectation is that the student’s IEP or 504 team will be involved and consulted throughout the entire process.

Section 504 – Proposed regulations for Section 504 of the Rehabilitation Act of 1973 were promised in November 2023. While there have been no identifiable hints on what the new regulations will require, practitioners are hopeful for either clarification of procedural differences between the IDEA and Section 504 or clearer alignment between the two. The implications of these regulatory changes for special education are self-evident, as IDEA protections fall under the umbrella of Section 504. At this time, no new release dates have been offered.

FERPA – Likewise, the deadline for the proposed updates to FERPA’s implementing regulations has come and gone. Nonetheless, a new target is in sight, as the Department of Education identified a proposed release date of May, 2024. However, on January 12, 2024, the Department extended the time for comments to March 12, 2024. While this announcement did not include a new deadline for the release of the proposed regulations, this is a welcomed opportunity to raise questions and concerns about the practical side of implementing FERPA. Stakeholders are encouraged to submit comments electronically on or before March 12, 2024, at www.regulations.gov.

With so much at stake, districts must capitalize on every opportunity to become informed on the laws, rules, and decisions that shape our obligations toward students with disabilities. Ennis Britton is taking an active role in these discussions on a national level with three presentations at the upcoming LRP National Institute and School Attorney Conference in Savannah, Georgia this May. Please join Jeremy Neff for an in-depth look at “Successfully Mapping the Exit from IDEA Services” and reflections on “COVID Lessons Learned for Future Disruptions”, and Pamela Leist as she explains “Navigating Confidentiality Under IDEA,504 and FERPA”

On the Call: Outside Placements and Stay Put

Determining a District’s obligations under IDEA when a student is removed from their outplacement facility can have you feeling like you’re balancing on a tightrope between the space-time continuum. Erin and Jeremy discuss the blackletter law related to LRE and Stay Put when this type of situation arises. They share the details of a recent COVID-era case from Washington D.C. where the court determined Stay Put didn’t apply since the District did not make the change and the staff acted in good faith to attempt to locate a new facility. The discussion includes suggestions for building strong communications with outside placements and how to balance safety concerns and the risks of non-compliance so you will be able to fly smoothly across the continuum

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Definition of Parent

Erin and Jeremy tackle the complex topic of parent definitions in this episode and how to stay on track with evaluation deadlines when there is confusion around who is the parent and conflict between those who might think they are the parent. They highlight an example from the 3rd Circuit Court of Appeals in Pennsylvania that answered this question based on whom the child was residing with. They also cover some important tips to keep in mind when dealing with complicated family situations, so you and your team aren’t feeling like a surprise guest in a daytime talk show drama.

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

Special Education Update: Sixth Circuit Confirms District Obligations for Dual Enrolled Students

Special Education Update: Sixth Circuit Confirms District Obligations for Dual Enrolled Students

In a recent decision, the United States Court of Appeals for the Sixth Circuit affirmed a lower court ruling that the Individuals with Disabilities Education Act does not require school districts to provide special education services or accommodations in dual credit courses offered at postsecondary schools. The decision stems from an appeal filed on behalf of a Kentucky student with Tourette’s Syndrome, autism, and other physical and cognitive conditions. After three years of accelerated courses in high school and a dual credit course at a local university, the student’s IEP team determined to focus on his transition to postsecondary education – pinpointing a “residential college experience” as one possible option. When Parents enrolled the student in a dual credit, dual enrollment residential program outside of the district, their request for on campus IEP services was denied. The family then filed due process, seeking reimbursement for the support services financed by parents. The hearing officer and the appeals board sided with the district. The ensuing court appeal was dismissed by the trial court.

On further appeal, the Sixth Circuit’s review highlighted several relevant points, beginning with the clear fact that the Act applies to “secondary,” not postsecondary education. Since the program at issue delivered college-level courses on a college campus, it was not covered under the IDEA. Following the guidance of the U.S. and Kentucky Departments of Education, the Court found that the mandate for a free appropriate public education did not include postsecondary education.

The Court also considered that the dual enrollment was in fact exclusively exercised in a college setting located some 130 miles from the student’s high school. As the district had no control over what classes the student took, what times services might be warranted, or where the services would be provided, the Court agreed that the Act did not obligation school districts to provide services at universities as opposed to the student’s high school.

Finally, the Court distinguished between the obligation to provide special education services for Advance Placement courses and doing so for the dual enrolled student. AP courses are available to high school students based on district-determined offerings and do not require enrollment in a postsecondary institution. However, the residential postsecondary program here caters to high school students but does not offer a secondary school education. Therefore, the dual enrollment precludes eligibility under the IDEA.

What this means for school districts: The facts in this case clearly establish that off- campus college credit programs do not oblige school districts to provide special education services. Accordingly, schools should carefully consider program location and the level of program control when suggesting postsecondary transitional services for high school students.