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State and Federal Education Policy

Due Process Hearing and Written State Complaint Activity for COVID-19 Issues: A Six-Month Snapshot

Oct 29 2020 - 9:15am

In addition to the alternative forms of dispute resolution under the Individuals with Disabilities Education Act (IDEA), the two decisional avenues are adjudicative and investigative. The adjudicative avenue starts with a due process hearing (DPH) and culminates in court proceedings. The investigative avenue is the written state complaints (WSC) process, which provides for judicial appeals in only the minority of states (e.g., Zirkel, 2019). COVID-19 represents a new context of the ongoing issues that are subject to resolution in these two decisional avenues.

As Schools Return, Kids with Special Needs are Left Behind

Sep 17 2020 - 1:15pm

Under IDEA, students with disabilities are still entitled to compensatory services once the school year begins, even if school hasn’t officially reopened in person, said Perry Zirkel, Ph.D., J.D., professor emeritus of education and law at Lehigh University in Bethlehem, Pa. He recommends requesting a meeting at the beginning of the school year with your child’s IEP (individualized education program) team, so that you can meet and determine your child’s present level of performance.

A Few Parents Have Sued Over Special Education During COVID-19. Will More Follow?

Jul 13 2020 - 2:30pm

When schools closed this spring to curb the spread of coronavirus, special education administrators feared the risk of complaints—and potential legal action—from parents and disability rights advocates for running afoul of federal civil rights laws.

Stressed over concerns that they'd be swamped with lawsuits if they could not offer a comparable education for all students, including those with disabilities, some districts were even initially reluctant to offer any online learning.