Special Education News and Alerts

Special Education News and Alerts
2007 l 2006 l 2005 l 2004 l 2003 l 2002

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For information and resources on scores of topics, from Autism and Advocacy to IEPs and Section 504, please visit our Topics pages.

2007

Supreme Court Issues Decision in NYC v. Tom F. On Wednesday, October 10, the United States Supreme Court issued a decision in this case. Justice Kennedy, author of the pro-parent decision in Winkelman v. Parma, recused himself. The decision was split, 4-4.

Supreme Court Hears Oral Argument in Board of Education of City of New York v. Tom F. The question before the Court was whether parents of a child who has never received special education and related services from the public school district can obtain reimbursement for a unilateral private placement. (10/01/07)

Judge Orders Sanctions Against School District, Remedies for Kids. On September 11, 2007, the U.S. Distric Court (Eastern District of Wisconsin) rendered its decision in Jamie S. v. Milwaukee Public Schools (01-C-928). Judge Goodstein found that Milwaukee Public Schools (MPS) violated the Child Find provisions in IDEA by failing to evaluate students who had suspected disabilities, failing to review all relevant data to determine the child's needs, and routinely suspending students instead of determining if they needed special education services. Citing the 2005 Supreme Court decision in Schaeffer v. Weast, Judge Goodstein found that the Wisconsin Department of Public Instruction (DPI) violated the IDEA by failing to discharge its oversight and supervisory obligations and failing to ensure that Milwaukee Public Schools was in compliance with the IDEA.

Special Education Law and Advocacy Online Training Launched. Wrightslaw, the special education advocacy group, and Harbor House Law Press, Inc., the Virginia-based publishing and training company, is launching web-based training for parents, educators, service providers, advocates, attorneys. Pete Wright and Pam Wright, founders of Wrightslaw.com, will provide online training on a variety of topics. (08/28/07)

Supreme Court Will Hear Oral Argument in NYC Bd of Ed v. Tom F. on October 1. The Court will decide whether all children with disabilities, including those who attend private schools, are entitled to a free appropriate public education (FAPE). This decision will have significant implications for parents, school districts, and children with disabilities who receive special education services. (08/12/07)

A Short History of New York Bd of Education v. Tom F., on Behalf of Gilbert F. describes key events in case, from Gilbert's entry into Kindergarten in 1996 to the decision by the U.S. Supreme Court to grant cert in February 2007 and the scheduling of oral argument for Monday, October 1, 2007. (08/12/07)

IDEA Report Cards: Did Your State Pass or Fail? When IDEA was reauthorized, Congress added new accountability requirements. The Education Department published IDEA Report Cards on all states that rank how well states educated children with disabilities. Pam Wright describes state performance plans and how the ED determines which states pass, and which need improvement or intervention. (06/27/07)

Supreme Court Rules: "Parents Have Independent, Enforceable Rights" The Supreme Court issued a unanimous pro-parent, pro-child decision in Jacob Winkelman v. Parma City Schools. The question before the Court was "whether parents, either on their own behalf or as representatives of the child, may proceed in court unrepresented by counsel though they are not trained or licensed as attorneys." The Court ruled that parents could represent their children, affirmed parental right, the importance of parental involvement, and described the essential role parents play in ensuring their child receives FAPE. (05/21/07)

"A Lesser Spirit Would Have Been Crushed Years Ago:" Jarron Draper v. Atlanta Public Schools (N.D. GA 2007) U. S. District Court Judge found that the school system misdiagnosed a child with dyslexia as mentally retarded, refused to evaluate him, failed to reevaluate him as required by law, failed to provide him with a free appropriate education. Judge ordered school to pay for four years of compensatory education at a private special education school. (04/03/07)

Will the Supreme Court Side with Parents in Winkelman v. Parma? Oral Argument Offers Clues - After parent attorney Wayne Steedman attended oral argument in Winkelman v. Parma, he described the arguments made, how they were received, and questions asked and answered. After oral argument ended, he did a quick unofficial poll of observers about the decision. The article includes a link to the transcript of oral argument (03/01/07)

U.S. Supreme Court grants certiorari in New York City Board of Education v. Tom F., on Behalf of Gilbert F., a tuition reimbursement case. (02/26/07)

Rebutting Rowley? Independence and Self-Sufficiency Are New Standards for FAPE - In K.L. v. Mercer Island School District (W.D. WA 2006), a U. S. District Court Court found that the standards for a free appropriate public education in Board of Ed. v. Rowley are no longer relevant. The Court cited changes in recent IDEA reauthorizations that focus on independence and self-sufficiency are so significant "that any citation to pre-1997 case law on special education is suspect." (01/24/07)

U. S. Supreme Court to Hear Winkelman v. Parma City Schools to resolve the question of whether non-lawyer parents may represent their children in federal court. Oral argument is scheduled for February 27, 2007. The Winkelman Parma page includes background information, links to pleadings, amicus briefs, and cases, along with articles about the case. This case has generated intense interest after the Cleveland Bar Association launched an investigation of the Winkelmans and other parents for the Unauthorized Practice of Law (UPL) after the parents received an adverse decision from the U. S. Court of Appeals for the Sixth Circuit. Related article. (01/01/07)

2006

On the Record about Special Education in America: An Interview with Pete and Pam Wright - In a wide-ranging interview with Sheryl Knapp of Smart Kids with Learning Disabilities, Pete and Pam answer questions about problems identifying children with learning disabilities, the quality of special education services, and how to effect change in schools. Pete answers questions about developments in special education law and how it is being interpreted. Pam has advice for parents about believing in their children and keeping their self-esteem intact. (12/12/06)

Judging Autism. Parents of autistic children win two important lawsuits against local school systems. Is Virginia ready for the fallout? (10/02/06)

JP v. Hanover County Bd of Education: Another Great Autism Decision from Virginia - On Monday, August 28, in JP v. County School Board of Hanover County, Judge Robert Payne of the U.S. District Court of the Eastern District of Virginia issued another powerful pro-child decision on behalf of a child with autism. (09/01/06)

IDEA 2004 Regs Available, Reformatted by Wrightslaw - On August 3, the U. S. Department of Education announced that the IDEA 2004 regulations were available to the public. (Dept of Ed Issues IDEA 2004 Regulations) The regulations were buried in a 1,700 page document that was difficult to read. We divided the regs into files that track the IDEA statute and reformatted them so they are easier to read and understand, and approximately 100 pages long. (08/09/06)

IDEA Regs Expected Soon, Maybe This Week! The Office of Management and Budget approved the IDEA 2004 regulations on Thursday, July 27. What happens next? (08/01/06) Read article.

Pete & Pam Wright Guests on CNN News, Glenn Beck Show - Parents sue Colorado school district after child was sexually assaulted by "peer tutor," expert retained by school claims assault was "pleasurable." Mr. Beck asks how parents can protect their children from abuse and whether the laws are tough enough to protect children like Kalie. Learn about Kalie's case; sexual abuse in schools. (07/02/06)

Pete and Pam Wright Receive 2006 Smart Kids Community Service Award - Dave Neeleman, CEO of JetBlue, presented Peter and Pamela Wright with the 2006 Community Service Award from Smart Kids with LD. (06/27/06)

U. S. Supreme Court Issues Decision in Arlington v. Murphy - High court rules 6-3 that prevailing parents are not entitled to recover fees for services rendered by experts in IDEA actions. Read Decision. Analysis by Pete Wright. (06/26/06)

Coming Soon? IDEA 2004 Regulations Under Review - The Department of Education sent the IDEA 2004 regs to the Office of Management and Budget (OMB), the final step in the regulatory process. We understand that the regulations may be published in early August. Will the regs answer your burning questions? (06/08/06)

Update on the IDEA 2004 Regulations (May 2, 2006) - The IDEA 2004 regulations, originally on a "fast track", have been plagued by unexplained delays. (05/02/06)

Pete and Pam Wright to Receive 2006 Smart Kids Community Service Award - Peter and Pamela Wright, who together created the Wrightslaw special education website, will receive the 2006 Smart Kids Community Service Award. Mr. Wright is a nationally renowned attorney with dyslexia who has represented hundreds of children with disabilities. (04/27/06)

Expert Prediction: Parents Face Long Odds in Supreme Court Case on Special Education - Connect for Kids Editor Susan Phillips interviewed Pete about oral argument in Arlington v. Murphy, and the implications of the case for parents and children with disabilities. (04/25/06)

U. S. Supreme Court Hears Oral Argument in Arlington v. Murphy - On April 19, the U. S. Supreme Court heard oral argument in the expert witness case, Arlington v. Murphy. Pete attended oral argument and took notes of the questions asked by the Justices. Pete shares his notes, impressions and observations. (04/24/06)

Couple's Series of Books, Website Contain Information for Parents - "While the laws can be complex and overwhelming, it all boils down to finding some time or at least get an idea of what the laws are so parents can use them to obtain the appropriate education program their child needs." Joy Koballa, reporter for the Uniontown Herald Standard describes how Pete and Pam Wright's boot camps, websites and books fulfill those needs for today's parents. (04/04/06)

Special Education Conference Features Children's Attorney - "Diagnosed with multiple learning disabilities in the second grade, a Richmond, Va., attorney recalled how condensation from a pitcher of Kool-Aid and some poster board used at a residential camp he attended served as pivotal tools in overcoming his struggles." In this article, reporter Joyce Koballa highlights Pete and Pam's accomplishments, along with the many resources that they provide to families. (04/04/06)

Educational Rights Endangered - Feds propose requirements for Multi-year IEPs and Paperwork Waiver Programs that pose dangers for children with disabilities. Inadequate parental involvement and oversight may erode right to FAPE, annual IEPs, and change the IEP process. Families and organizations need to take action now. (03/02/06)

Children's Crusaders - Parents speak to Liz Stevens of the Fort Worth Star-Telegram about education, advocacy. "With special-needs kids, parents must sometimes become advocates to negotiate obstacles and find the best classroom fit." (02/21/06)

Q&A with Pete Wright: 'Kids are ...Teaching-disabled' - The Atlanta Journal-Constitution talked to Pete Wright about teaching kids to read, how to keep Individualized Education Program meetings from going sour, and why parents shouldn't resist standardized testing. (02/02/06)

Burden of Proof on Schools? Private School Scholarships for Children with Disabilities? - Pete testifies before the Education and Health Committee of the Virginia Senate in support of Senate Bill 241 to amend the state statute and place the burden of proof on school districts. (01/26/06)

U. S. Supreme Court Agrees to Hear Expert Witness Case, Arlington v. Murphy - In a case that has enormous implications for educational consultants, evaluators, advocates, and expert witnesses, the Court will decide whether parents who prevail in special education litigation may be reimbursed for the costs of their experts. (1/12/06)