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The Special Ed Advocate:
Is There a Legal Right to an Education? Is There a Legal Right to Literacy

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Good Tuesday afternoon! The Wrightslaw Team took a break this summer to rest and recover after a hard year. We hope you had a chance to rest and recover too.

In this issue of The Special Ed Advocate, we examine questions about the . . .

  • Legal right to an education and to literacy;
  • How the right to an education evolved after the Supreme Court issued their unanimous decision in Brown v. Bd of Education;
  • Long COVID under the IDEA, ADA and Section 504;
  • A new "Long COVID Resource Guide" from the US Dept of Ed about legal rights and educational implications for students with long COVID; and
  • Breaking News! Justice Department Settles with Florida School District in Discrimination & Class Removals Case

Today's issue is a 2.5 minute read (554 words).

Legal Rights to An Education



1. Is There a Legal Right to an Education? To Literacy?

Pete was interviewed for over an hour recently by a reporter from an NPR station. The reporter had questions about: .

  • the legal right to an education and to literacy;

  • recent cases about the right to an education; and

  • issues influencing judicial decisions about the right to an education.

Is there a legal right to an education? To literacy? What do you think?

In a new article, Is There a Legal Right to an Education? To Literacy?, Pete and Pam Wright look at how the right to an education evolved after the Supreme Court issued their unanimous decision in Brown v. Bd of Education, recent cases about the right to an education, and issues influencing judicial decisions about the right to an education.

In the 1954 decision, a unanimous Supreme Court held that "In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education." Brown v. Bd of Education, 347 U.S. 483 (1954).

Featured Article: Is There a Legal Right to an Education? A Legal Right to Literacy?



2. Long COVID under the IDEA, the ADA, and Section 504

Many children and young adults who plan to return to school in the fall are struggling to recover from "long COVID."

In long COVID, debilitating health issues disrupt schooling, sleep, mood, daily and extracurricular activities. Common symptoms include headache, "brain fog", exhaustion, dizziness, anxiety, depression, and heart palpitations. Recovery time is unclear. Long COVID may be a disability under the IDEA, the ADA, and Section 504.

In Long COVID Under the IDEA, ADA and Section 504, you will learn more about this perplexing condition and legal protections and services for students with long COVID.

In July 2021, the U.S. Dept of Education published Long COVID: A Resource Guide to Support Children, Students, Educators, Schools, Service Providers, and Families.Please download your copy today!



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The Bundle includes Four Wrightslaw books:

You'll find more great deals in the Wrightslaw Store!

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4. Breaking News! Justice Department Settles with Florida School District in Discrimination & Class Removals Case

On August 3, 2021, the Department of Justice reached a settlement with Volusia County Schools (Florida) under the Americans with Disabilities Act (ADA).

The DOJ found that the Florida district punished students with disabilities for disability-related behavior by removing them from classes. These removals were unnecessary and denied students with equal access to school programs and services.

Justice Department Settles with Florida District in Discrimination & Class Removals Case includes links to the DOJ News Release and the Settlement Agreement.

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