What’s Trending: Special Education Compliance

Susan Henry, SSD Director of Compliance

06/27/2023

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• Participants will receive a high-level overview of important, current issues related to students with disabilities.
• Participants will develop insights into how principals and general education staff can play an active, supportive and effective role in special education processes.

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Participant Outcomes

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Celebrating Positive Leadership Across St. Louis County

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• Partnerships in the creation of MOCAP virtual programs: Dr.Christy Mathews,

At Home, Mehlville School District

• Joint work between general education and special education in

advancing knowledge, curriculum and intervention for students

with dyslexia: Ms. Susan Irby-Hawkinson, Parkway School District

• Strong collaboration and actions to improve general education leadership

in special education: Dr. Barry Nelson, Pattonville School District

• Coordinating solutions to ensure access to District activities and programs: Dr.Adam Crnko, Rose Acres Elem, Pattonville School District
• Asking before acting, avoiding a finding of noncompliance: Ms. Myko Hammond-Vaughn, Cross Keys Middle School, Ferguson-Florissant School District
• Actively leading and participating in difficult conversations; supporting special education staff in those conversations: Mr. Travis Fast, Parkway Central High School, Parkway School District

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This Photo by Unknown Author is licensed under CC BY-NC-ND

Celebrating Positive Leadership Across St. Louis County

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• Direct and active involvement in BIPs: Mr.Patrick Fisher, Meramec Elem, Clayton School District
• Scheduling collaboration to ensure students get services: Ms. Amanda Connelly, Iveland Elem, Ritenour School District
• Collaboration on credit recovery program targeted at students with IEPs: Dr. Jana Haywood, Ritenour High School, Ritenour School District
• Building an inclusive environment for adults and students, “behind the scenes support”: Dr. Duane West, Bel-Nor Elem, Normandy Schools Collaborative
• High expectations for gen ed participation at IEPs, linking gen ed data to spec ed data: Dr. Eric Cochran, Lindbergh High School, Lindbergh School District
• District-wide, teacher-level, special education process training: Ladue School District

What’s Trending…

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Updates to Section 504 Regulations

• In May 2022, the Department of Education Office of Civil Rights (OCR) announced plans to release updated regulations for Section 504 in May 2023.

- Original regulations published in 1977

- Hinted at the nation’s mental health agenda, compensatory services owed related to

COVID school closures, and previously requested input on non- discriminatory discipline

- Release has been delayed until August 2023; OCR seeking longer and more

detailed comments by end of June 2023

- Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the

basis of disability in all programs or activities that receive Federal financial

assistance.

What’s Trending

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Newly Issued U.S. Department of Education (US DOE) Discipline Guidance

• July 2022, US DOE (OCR and Office of Special Education and Rehabilitative Services)issued extensive, “new” informal guidance on discipline of students with disabilities under IDEA and Section 504
• Six (6) documents comprised this new guidance

- Letter from Secretary Cardona: Supporting the Needs of Students with Disabilities

- Dear Colleague Letter: Supporting Students with Disabilities and Avoiding the

Discriminatory Use of Student Discipline under Section 504

- Fact Sheet: Supporting Students with Disabilities and Avoiding the Discriminatory Use of

Student Discipline Under Section 504

• Dear Colleague Letter: Addressing the Needs of Children with Disabilities and IDEA's Discipline Provisions
• Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA's Discipline Provisions
• Stakeholders' Guide: Positive, Proactive Approaches to Supporting Children with Disabilities.

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https://www2.ed.gov/policy/gen/guid/school-discipline/index.html

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What’s Trending

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March 24, 2023, US DOE Guidance Issued

• Letter from Secretary Cardona Calling for End to Corporal Punishment in Schools
• Guiding Principles for Creating Safe, Inclusive, Supportive, and Fair School Climates

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May 26, 2023, US DOE Guidance Issued

• Resource on Confronting Racial Discrimination in Student Discipline
• Supporting Students’ Social Emotional, Behavioral, and Academic Well-Being and Success

- Strategies for Student and Teacher Support Teams

- Strategies for Educators and School-Based Staff

- Strategies for Schools to Enhance Relationships with Families

• Creating and Sustaining Discipline Policies That Support Students’ Social, Emotional, Behavioral, and Academic Well-Being and Success: Strategies for School and District Leaders

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https://www2.ed.gov/policy/gen/guid/school-discipline/index.html

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Highlights from DOE’s Guidance

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• Informed us that despite previous communications and guidance, they’ve seen little improvement in the disparities in the use of school discipline for students with disabilities and Black children with disabilities.

- References to their commitment to “vigorous enforcement” of students’ civil rights

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• Asked States and school districts to redouble efforts to fulfill obligations to ensure students with disabilities receive a free appropriate public education

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• Provided resources to prompt “meaningful action” to improve IDEA implementation

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• Emphasized use of evidence-based strategies to address student social, emotional and academic needs (MTSS, PBIS) and continuing needs for compensatory services as the result of the COVID pandemic

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• Reminder that American Rescue Plan (ARP) funds were provided to address these needs

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Some Specific Highlights from DOE Guidance

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• Discipline

- Department is concerned that Discipline provisions under IDEA have been misapplied

or not applied at all

- Defining “informal removals” and warning that frequent use could result in denials of

access to and significant change to child’s educational program outside of the IEP or

504 process (i.e., shortened school days, not allowing student to attend a particular

course or activity due to behavior, requiring student to participate in virtual learning,

“excused absences”)

- Reminder that procedural safeguards and right to FAPE be protected during threat or

risk assessment process

Takeaways from DOE Guidance

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• Do some summer reading at the Dept of Ed’s website!
• Brush up on your Section 504 knowledge and review your district’s procedures under 504; IDEA issues also implicate 504 and the Americans with Disabilities Act (ADA)
• Review, improve, reinforce your building-wide social/emotional/behavioral intervention systems of support
• Review your discipline code and calibrate how/when it will be applied to events of misconduct
• Collaborate and plan with your SSD administrative partners to shore up how you partner together through discipline events involving students with IEPs
• Review and tighten up your response procedures for allegations of mistreatment, bullying, discrimination
• Be familiar with students’ IEP and 504 needs
• Work on those family relationships to improve problem solving, prevent IDEA and OCR complaints

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What’s Trending (and why the last slide is so important)

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• Perez v. Sturgis Public Schools

- Family of Perez filed an IDEA due process complaint that alleged Perez was provided

an unqualified aide who did not know sign language and that they were misled about

his progress, believing he would earn a high school diploma

- The complaint included ADA claims and 504 claims, which were dismissed

- The family reached a settlement agreement with the school district on the IDEA claims

- Perez later sued the district under ADA alleging the school discriminated against him

and seeking damages

- 6^th Circuit dismissed the claim because by settling with the district, Perez failed to

exhaust administrative remedies under IDEA. US Court of appeals affirmed.

- March 21, 2023, SCOTUS unanimously ruled that the lawsuit could proceed without

exhausting administrative remedies because the remedy Perez sought was not one that

that IDEA provides ($$$)

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Implications of Perez v. Sturgis

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• Parents or students seeking monetary damages for violations of ADA and/or Section 504 need not first file due process and go to hearing
• However, if the essence of the complaint relates to a denial of FAPE under IDEA, a court could rule the exhaustion requirement applies
• Districts will need to be mindful of their compliance with the ADA and Section 504
• Increase in complaints filed with the Missouri Commission on Human Rights

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Dispute Resolution: Years in Review

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Individuals may file a complaint with the the Missouri Commission on Human Rights (MCHR) to investigate claims of discrimination or if they want to sue, they must first file a complaint.

What’s Trending

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• Demand for detailed progress reports/educational records

- Parents demanding evidence

- Updates to FERPA

• Transition Planning

- DESE file reviews showed opportunities for improvement

• Long-Term Effects of COVID-19 Closures
• Mental health
• Negative effects on achievement
• Virtual Instruction

- Ensuring FAPE

- Gen Ed Special Education Communication

• Dyslexia

- Strong core curriculum

- Strong understanding of reading/rationale for intervention selection

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Implications for Equity

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How General Education Administrators and Staff Can Help

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This Photo by Unknown Author is licensed under CC BY-NC-ND

• Ask for support and training
• Share your data and insights
• Request a meeting with the Special Education Coordinator and/or case manager before a meeting to learn how you and your general education staff can best contribute
• Encourage your teachers to participate and reinforce their expertise and professionalism as teachers
• Be familiar with your students’ IEPs, especially BIPs
• Be familiar with your students!
• Consult with your special education partners for consistency in messaging
• Co-plan how you will navigate together referrals, evaluations, IEPs, discipline, disputes

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Resources

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• LRP Special Education Connection Subscription

- Kelly Whiting, Customer Relationship Manager, LRP Publications

kwhiting@lrp.com 1-800-515-4577 x8311

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• Coaching Principals to be More Effective IEP Team Leaders

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Contact Information

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Susan Henry, SSD Director of Compliance

314-989-8143

srhenry@ssdmo.org

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Sarah Kline, SSD Assistant Director of Compliance

314-989-8155

sekline@ssdmo.org

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