On the Call: MDR Unidentified Student and A Request for Evaluation

Just when you think your student discipline process is a slam dunk, someone throws a buzzer-beater at the very last second! Jeremy and Erin discuss the laws surrounding student discipline when a child has not yet been found eligible for an MDR or the district had no prior knowledge that the child has a disability but the parents argue otherwise. The discussion includes a 2023 case from the Sixth Circuit in Ohio that found the district had acted reasonably in conducting special education services after the expulsion. They discuss practical tips, including ensuring your hearing officer is educated and informed on the special education process and thoroughly documenting the request, discussion and decision, that will help you and your team take home the “Good Sportsmanship Award”.

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Shortened Day

It’s a great day when parents and the District are in agreement! Jeremy and Erin follow-up on a conference call where the team wants to be sure the use of a shortened day is compliant with all the special education laws and regulations including FAPE, LRE, and 504. They discuss the importance of making sure everyone at the table has a shared understanding of the child’s disability that is driving the need for a shortened day. The discussion also includes a formal complaint investigation from Indiana where the District’s decision to shorten the school day based on the student’s behavior was determined to be appropriate.

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Threat Assessments

Erin and Jeremy make a stop at the intersection of threat assessments and special education considerations. They discuss the importance of the Special Education team and the Threat Assessment team coming together to consider the role a student’s disability may play in a potential threat. Otherwise, districts may violate special education laws and face costly discrimination claims. They share a case from Virginia that highlights what can happen when a District’s threat assessment speeds past the IEP and Special Education team, and the importance of training, training, training! 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Virtual Meetings

In this episode, Jeremy and Erin tackle the virtual meeting roadblocks that can cause your team to detour when trying to navigate good parent participation and adherence to the guidelines. They share the details of a recent case from Indiana where a parent used the virtual meeting platform to hinder specific district staff from participating. They share several suggestions to help keep the technology user-friendly and maintain a productive meeting for all involved so everyone “CAN HEAR YOU NOW!” 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

Navigating the First Amendment in the Digital Age: U.S. Supreme Court Tackles Social Media Blocking Cases

Navigating the First Amendment in the Digital Age: U.S. Supreme Court Tackles Social Media Blocking Cases

In the ever-evolving landscape of the digital age, the U.S. Supreme Court recently delved into the complexities of First Amendment issues surrounding public officials’ use of social media. Two cases brought before the Court raised crucial questions about the boundaries of free speech and the authority of public officials in the realm of online communication.

The heart of the matter in both cases revolved around public officials, one notably involving school board members, who had taken to blocking constituents on their personal social media pages. As the blocked individuals initiated legal challenges, the central inquiry focused on whether these officials were acting within the scope of their authority. This crucial distinction is essential, as acting within the scope would implicate viewpoint discrimination, a practice explicitly prohibited by the First Amendment.

A fundamental challenge emerged during the arguments: the delicate task of differentiating between state action and private action in the context of social media. The digital realm blurs the lines, presenting a unique challenge for public officials and employees.

The difficulty lies in devising a clear test that effectively distinguishes between state and private action in the social media sphere. Public officials may have established their social media presence before assuming public office, posting personal, non-governmental content alongside occasional updates relevant to their public duties. This multi-faceted use of social media raises the question of where the line is drawn between personal expression and official capacity.

An attorney representing the school board members emphasized a critical point—the social media pages in question belonged to the individual board members, not the school district. However, the Justices appeared skeptical of this argument. Justice Roberts challenged the physicality of a Facebook page, likening it to a mere “gathering of protons,” while Justice Thomas questioned whether a social media page truly belongs to the individual or the platform hosting it.

The Supreme Court is set to deliver a decision by June 2024. The outcome of these cases will significantly shape the landscape of free speech in the digital age and set important precedents for the use of social media by public officials and employees. We will be sure to update our clients when a decision is issued.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special Education Update: DOE Issues Letter on Military-Connected Children with Disabilities

Special Education Update: DOE Issues Letter on Military-Connected Children with Disabilities

 

On November 9, the United States Department of Education released a letter on military-connected children with disabilities. The letter highlights the additional challenges that families of military-connected children with disabilities may face due to frequent separation and disruptions in the continuity of IDEA services.

The letter additionally shared a list that the Department of Education created that combined resources from across the Federal government for parents and families of military-connected children with disabilities. The list includes several resources, such as the 2023 IDEA general supervision guidance, OSEP’s 2022 letter on education for highly mobile children, and guides from organizations such as the Military Child Education Coalition. The letter stated that this list offers a “clear explanation of the procedures every military-connected family with a child who is eligible for or receiving IDEA services should expect from the education system when they move from one jurisdiction to another.”

Finally, the letter noted that for military-connected children with disabilities, transitions are inevitable. Still, with the help of Expect, Engage, and Empower: Successful Transitions for All!, OSEP can provide resources for families facing the transition to adulthood.