U.S. DOE Sued By Special Education Advocacy Group Over Failure To Implement Regulation

According to Disability Scoop, the United States Department of Education is being sued by an organization called the Council of Parents Attorneys and Advocates for delaying a final rule regarding significant disproportionality.

In a federal lawsuit filed Thursday, the Council of Parent Attorneys and Advocates, or COPAA, alleges that the agency is skirting its obligation under the Individuals with Disabilities Education Act to ensure that students with disabilities receive appropriate services no matter their racial background.

The ruling was supposed to go into effect this year but the U.S. DOE delayed it for another two years.  However, this is a part of each school’s matrix for annual determinations for how they are implementing special education.

Despite the delay, states are allowed to implement the new standard if they wish to, the Education Department said, and they are still obligated under IDEA to assess school districts for significant disproportionality.

U.S. Secretary of Education Betsy DeVos is named in the lawsuit:

The lawsuit filed in U.S. District Court for the District of Columbia names DeVos and Assistant Secretary for Special Education and Rehabilitative Services Johnny Collett in addition to the department itself. It seeks to have a judge invalidate the Department of Education’s delay and reinstate the July 1 start date for the rule.

I seriously wonder why the U.S. DOE would put a delay on a ruling that makes absolute sense.

US DOE Rules Delaware “Needs Assistance” For Special Education

The Office of Special Education and Rehabilitative Services for the United States Department of Education came out with their special education ratings for each state on July 5th and Delaware was rated as “Needs Assistance” in special education for IDEA Part B (ages 3 through 21).  For Part C, which covers Birth through Age 2, Delaware was rated “Needs Assistance” for the second year in a row.

While OSERS did not release the letters sent to each state, they did put up a document covering what each state received for their rating.  The individual letters are supposed to be up this month according to their website.

It is hard to give a lot of weight to these rulings by the US DOE.  Most of the ratings are based on standardized test scores.  I broke this down by school districts and charter schools a few weeks ago based on the letters sent to each district or charter by the Delaware Department of Education.  When over 60% of the ratings are based on the Smarter Balanced Assessment or the SAT, by grade, we are failing to properly grade our special education.  Students with disabilities, historically, are the worst performers on these type of tests.  These tests do not give an accurate gage of the ability and knowledge these students need to succeed in school.  While even the education reformers are jumping on the “standardized testing does not show the full picture in education” bandwagon, for the US DOE, the almighty standardized test is the basis of everything.  These tests, based on Common Core, which President Trump swore up and down he would abolish (like he even could if he wanted to).  Furthermore, these ratings are always two years behind.  This current rating is based on the 2015-2016 school year.

Repeat after me, IDEA is more than a standardized test.  IDEA is more than a standardized test.

Once the US DOE releases Delaware’s findings letter I will post it.  Last year we were “Meets Requirements”.  We tend to flip back and forth between “meets requirements” and “needs assistance”.  In 2014 we were rated as “Needs Intervention” which upset me to no end until I found out just how flawed these ratings are.

 

Delaware To Get Federal “Needs Intervention” In Special Education Again As Incompetent DOE Lies At Public Meeting

Delaware WILL get a “Needs Intervention” label for their Annual IDEA Determination from the Office of Special Educations Programs at the United States Department of Education.  The Delaware DOE knows this, but they aren’t announcing it.  My guess is they are waiting for the “formal” letter to come from the feds before they publicly release this information to the public.  Even though they were told this information at least four weeks ago.  If I were a betting man, we won’t find this out until after June 30th.  I predicted this three weeks ago when I found the letters that went out to the districts and charters.

At the Governor’s Advisory Council for Exceptional Citizens meeting on Tuesday night, the Exceptional Children Resources Group at the DOE gave a presentation to the council on the Local Education Authority (LEA) portion of the annual determination.  The presentation was given by Barbara Mazza and Maria Locuniak from the DOE.  In this presentation, there were several absolute lies that are in this article, for which I caught them red-handed.  It is very alarming they would try to dupe a state council devoted to the improvement of outcomes for persons with disabilities. Continue reading