It would be my hope that all Delaware schools, be they district or charter, have seen this. I would also hope the Exceptional Children Resources Group, the special education area of the Delaware Department of Education, led by Mary Ann Mieczkowski, circulated this to all our schools. If not, I’ll make sure they get this. And I won’t even charge them! But just in case they haven’t seen this, they may want to read this from top to bottom. Special education is NOT a choice. And you are expected to implement it with fidelity and as per federal law under IDEA. The below document, released by the Office of Special Education and Rehabilitative Services at the United States Department of Education issued guidance about the landmark U.S. Supreme Court decision on Endrew F v. Douglas County School District.
The United States Supreme Court began hearing oral arguments for the Endrew v. Douglas County School District today. This case could determine the goal of special education in America: a bare minimum special education or a more than minimum special education. These arguments weigh the words “significant” and “meaningful” quite a lot since it is the center of the case. Another question is how do you measure progress for a student with an Individualized Education Program. Does the IEP team just write the IEP and make sure the student is on target to perform as well as their non-disabled peers or do you go above and beyond?
Another huge issue is funding for special education. The fact that the Federal government spends less than 15% of what they promised to do for special education is a large problem. It was not the Congressional intent to dump all of this on the states and local school districts but that is exactly what happened. As well, what does “standard” mean in this context? Is it the Common Core State Standards and the high-stakes testing that supposedly measures the ability of the student to grasp those standards? Do classroom grades count for anything anymore?
The case is officially submitted into the highest court in the country. This will be fascinating to watch, especially the final ruling.
Delaware Attorney General Matt Denn, along with the AGs from Massachusetts and New Mexico, filed an amicus brief for the upcoming special education case which will be heard by the United States Supreme Court. The Endrew F. v Douglas County School District is a case which can change the face of special education. But what about my kid right here in Delaware Matt Denn? The one who was kicked out of a special education program at a Delaware private school last Friday with no due process, no advance notification to the parents about the true purpose of the meeting, and no chance for my son’s voice to be heard?
For the most part, I like Matt Denn. I think he can be an excellent advocate for students with disabilities. But sadly, what he wants and what we have in Delaware are two very different things. I wish Denn could help my own son the way he is helping this child in Colorado. I understand the implications of this case and what it can do for special education if they rule in favor of the student. That would be a very good thing. But there are far too many students here in Delaware that are now suffering with special education. My own son Jacob included. If Delaware’s special education is supposed to be so great, why isn’t it Matt? We both know the answer to that. But why should my kid have to go through all venues of education in this state and still not have schools understand his needs? Charter, district, private school, private school homeschool-coop program. None have worked Matt. None. They may be great at other things, but they have all failed my son. As one father to another father, I’m asking you to do something here, in Delaware. In your state. Not later, not down the road, but now. I don’t know if I can get my son back on track. There has been so much damage done to him. By adults who think power is more important than what is right. Maybe you don’t know what it’s like to watch your own child’s spirit break time and time again. I truly hope you don’t. But I’m just one of many parents who has to pick up the pieces of a child’s shattered life again and again while the system fails him time and time again. It doesn’t matter what kind of school it is. I don’t care about all this fancy legal stuff. I just want consistency and best practices with my son, with all the special needs kids in this state. We are destroying lives here Matt. What are you going to do about that?
Talk is on thing but actions speak louder than words. How many more Jacobs do we have to have in this state Matt? How many more tears have to be shed before something is done? How many families have to deal with turmoil you can’t even begin to imagine Matt? How many more children have to be psychologically beaten down before you do something?
Delaware Files Amicus Brief Supporting a Colorado Student’s Claim on Behalf of Delaware, Massachusetts, and New Mexico.
Delaware Attorney General Matt Denn, joined by the Attorneys General of Massachusetts and New Mexico, filed a formal brief Monday with the United States Supreme Court supporting the appeal of a Colorado public school student with disabilities who claims that his school district has not complied with federal law in meeting his educational needs. The brief filed by Delaware urges the United States Supreme Court to adopt a higher national standard for the services that U.S. schools must provide, and articulates that the standard reflected in Delaware state law, rather than the lower standard used in Colorado and many other states, is the proper standard to measure the provision of such services.
The brief was written by Delaware State Solicitor Aaron Goldstein and Deputy Attorneys General Patricia Davis and Laura Makransky. The brief states that the three Attorneys General “implore this Court to find that the highest level of educational benefit for children with disabilities currently recognized by federal courts of appeal is the correct level for all of the nation’s children with disabilities in order to ensure that the [Individuals with Disabilities Education Act]’s ideals of equality of opportunity, full participation, independent living, and economic self-sufficiency are fulfilled.”
Although Attorney General Denn has joined other briefs filed with the United States Supreme Court since taking office in January of 2015, this is the first United States Supreme Court brief that his office has authored since he took office. “We chose this issue to seek to be heard with the United States Supreme Court,” Denn said, “because it is fundamentally important to the future of every child with a disability in our nation’s public schools. We also sought to be heard because how the Supreme Court phrases its opinion could also have a direct impact on students with disabilities in Delaware public schools.”
As the Chairman of the IEP Task Force in Delaware back in 2014, Delaware Attorney General (then Lieutenant Governor) Matt Denn stated in the first meeting that Delaware students with disabilities deserved more than what federal law under IDEA stated. He announced yesterday he will advocate for special needs children getting a top-notch education. Yesterday, the U.S. Supreme court decided to hear a special education case regarding what a Free Appropriate Public Education (FAPE) really is. The is significant due to the fact that special education changed a lot when IDEA was reauthorized in 2004. This will be the first time the highest court in the land has tackled FAPE in a very long time.
Today, the Supreme Court of the United States agreed to hear a case from the state of Colorado involving the level of educational services that must be provided to public school students with disabilities. The case, Endrew F. v. Douglas County School District, is significant because it will be the first time in decades that the U.S. Supreme Court has addressed this issue, and different federal courts around the country have come to different conclusions on the question.
“This case may not have significant implications for Delaware public schoolchildren with disabilities,” Delaware Attorney General Matt Denn said. “Delaware state law was changed in 2010, in a bill I worked on as Lieutenant Governor with Representative Quinn Johnson and Senator David Sokola, to require that Delaware public schools provide services to Delaware students with disabilities that matches the highest level of services required by federal courts interpreting this issue. However, sometimes the language that the U.S. Supreme Court uses in issuing its decisions can be as important as the decisions themselves. For that reason, the Delaware Department of Justice will be seeking to advocate – potentially with other state Attorneys General — for the U.S. Supreme Court to find that the highest level of services for children with disabilities currently recognized by federal courts is the correct level for all of the nation’s children, and for the Supreme Court to provide specific guidance to the states as to how to implement its decision in order to ensure that children with disabilities have an opportunity to fulfill their potential.”
In regards to that bill from 2010, Denn said the following about the bill when it was introduced:
“It is completely unacceptable for us to tell the parents of most children that we want their kids to have the best public school education in America, while telling the parents of students with disabilities that their kids will receive the educational equivalent of a serviceable Chevrolet,” Lieutenant Governor Denn said. “We have a legal and a moral obligation to these children to provide them with a meaningful education, and this bill is a first step to making sure that happens.”
Denn has always been one of the strongest advocates in Delaware for students with disabilities. I am glad he is putting his support behind the parents in this potentially landmark Supreme Court case. With that being said, the very definition of special education will be redefined yet again if education reformers get their way with their dreams of “IEPs for ALL”. I pray, if that time does come, that Matt Denn will be at the front of the pack for students with disabilities, their parents, and disability advocates to make sure special needs students don’t get lost in the shuffle.
In the meantime, the Delaware Dept. of Education, under the direction of Governor Markell in epilogue language in the FY2015 budget, is still working on a Special Education Strategic Plan for the state, more than two years since it was created.
The United States Supreme Court will decide the fate of millions of special education students in America when they rule on a controversial case regarding what the appropriate amount of FAPE (Free Appropriate Public Education) is for students with disabilities. The landmark case, Endrew F. vs. Douglas County School District, could have major consequences for special education students.
According to Disability Scoop:
The Supreme Court’s decision to take up the matter comes at the urging of the Obama administration. In a brief issued last month, the U.S. solicitor general agreed with the parents that the IDEA requires schools to provide more than minimal benefit to students with disabilities.
“This court should hold that states must provide children with disabilities educational benefits that are meaningful in light of the child’s potential and the IDEA’s stated purposes. Merely aiming for non-trivial progress is not sufficient,” the solicitor general indicated.
This could be a moment of triumph or severe disappointment. With the rise of Common Core and a transition from teacher-led instruction to constant bombardment of education technology and a competency-based education environment, students with disabilities have suffered the most from the constant education reform that has taken place over the past twenty plus years. As their numbers rise, so do the corporate profits. They have been forced to take a litany of state assessments that have the same results, year after year: these students tend to perform the worst on these tests. The amount of parents choosing to go the home school route for their special needs children has risen dramatically in the last decade.
A free appropriate public education, in its current landscape, comes with a very steep price for students with disabilities. Unless the Supreme Court clearly defines what FAPE should be, in the face of the overwhelming corporate-driven changes in our schools, these children will continue to be lost in public education. Personalized learning, in the modern-day era meaning, would gear all students towards their own individual education plans which strips the special out of special education. This flies in the face of what disability advocates fight for every single day.