The Office of Special Education Programs (OSEP) recently released this Preschool Least Restrictive Environment (LRE) Dear Colleague Letter, which reaffirms that all young children with disabilities should have access to inclusive high-quality early childhood programs where they are provided with individualized and appropriate supports to enable them to meet high expectations. The letter covers: key statutory and regulatory requirements; preschool placement options; reporting educational environments data for preschool children with disabilities; and the use of IDEA Part B funds for preschool children with disabilities. Much of the information provided is reaffirming guidance from the (Read more...)
I cannot believe that I am about to provide an argument below that the reasoning of the court is flawed! The facts are as follows: The student in this case has a severe form of cerebral palsy that significantly limits her motor skills and mobility. Her parents obtained a service dog, a goldendoodle named Wonder who aids the student by retrieving dropped items, helping her balance on her walker, ope (Read more...)
The most famous goldendoodle in America was outside the Supreme Court in October 2016, accompanied by some of his service dog friends. A Michigan school district’s refusal to allow Wonder, a trained service dog, to go to school with E.F., a student who was born with cerebral palsy and who required mobility support, was the catalyst for the Supreme Court argument, in Fry v. Napoleon Community Schools. Stacy and Brent Fry, E.F.’s parents, filed a lawsuit in federal district court, arguing that the school district violated two federal civil rights laws – the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973– when they barred Wonder from E.F.’s school. The technical que (Read more...)
This past week Rep. Thomas Massie (R-KY) introduced a bill (H.R. 899) to the U.S. House of Representatives to abolish the Federal Department of Education. The bill states that “the Department of Education shall terminate on December 31, 2018.” H.R. 899 is one sentence and has been referred to the House committee on Education and the Workforce. To date the bill has seven cosponsors: Rep. Amash (R-MI), Rep. Biggs (R-AZ), Rep. Chaffets (R-UT), Rep. Gaetz (R-FL), Rep. Hice (R-GA), Rep. Jones Jr. (R-NC) and Rep. Labrador (R-ID). Massie states that “states and local communities are best positioned to shape curricula that meet the needs of their students”. In addition Massie stated that, “It’s ti (Read more...)
Committees and subcommittees for the U.S. Senate Appropriations and U.S. House of Representatives Appropriations have announced their members for 115th Congress. The committees listed below include: the Senate Committee on Appropriations, the Senate Subcommittee on Labor, Health and Human Services, Education and Related Agencies, the House Committee on Appropriations and the House Subcommittee on Labor, Health and Human Services, Education and Related Agencies. Newly appointed members are starred in the listings below (click pictures to enlarge).
CEC looks forward to working with all members of these committees and subcommittees as we advance CEC’s public policy agenda for children w (Read more...)
There's still time to register for the FREE CEC Member webinar "How the Supreme Court May Influence Your Practice" on Wednesday, March 1, at 7pm ET. Join special education law experts Dr. Mitchell Yell and Dr. David Bateman as they discuss the case of Endrew F. v. Douglas County School District, currently in front of the Supreme Court, and what this case means for FAPE, your students, and the services you provide. This webinar is a special CEC Member benefit—register now!
As you know from our previous posts here, here and here, one of two special education cases pending before the U. S. Supreme Court is Fry v Napoleon Community Schools, a case involving exhaustion of administrative remedies.