Below are today’s updates regarding COVID-19 and its impact on Texas public schools. For additional resources, please visit our COVID-19 page. Documenting Temporary SPED Services Dean Micknal, Partner; Victoria Elliott, Associate During the current pandemic, public school districts have an ongoing obligation to provide FAPE to students with disabilities. Therefore, district personnel need to attempt […]
Read moreA school district was found to have denied FAPE to a student when it failed to provide any IDEA services after the student was expelled from school for attacking another student. What is FAPE, under IDEA? Under IDEA, a free appropriate public education (FAPE) is special education and related services that: Are provided at public […]
Read moreIn addition to being ineffective, disciplining a student for conduct that is caused by, or has a direct and substantial relation to a student’s disability, constitutes disability-based discrimination. Further, subjecting a student to a disciplinary removal that is based on the student’s disability can deprive a student of a free, appropriate public education when it […]
Read moreDid you know parents do not have a right to compel a school district to provide specific programming or employ specific methodology when teaching students with disabilities? According to a Special Education Hearing Officer’s interpretation of the IDEA, parents may provide meaningful input into the development of their child’s IEP, but are not entitled to […]
Read moreAs detailed in a monitoring report released by the U.S. Department of Education’s Office of Special Education Programs (“OSEP”) last month, TEA’s use of the 8.5 percent special education representation indicator was determined to have contributed to a statewide pattern of practices that violated the Individuals with Disabilities Education Act (IDEA) child find requirements, resulted […]
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