SP&F Attorneys

U.S. Department of Education provides clarification on the rights of students with disabilities and the responsibilities of educational institutions

SP&F Team — Thu, 05 Jan 2017 13:29:03 +0000

On December 28, 2016 the U.S. Department of Education released three new sets of guidance to assist the public in understanding how the Department interprets and enforces federal civil rights laws protecting the rights of students with disabilities. These guidance documents clarify the rights of students with disabilities and the responsibilities of educational institutions in ensuring that all students have the opportunity to learn.

The guidance includes a Parent and Educator Resource Guide ; a Dear Colleague Letter and fact sheet on the use of restraint and seclusion in public schools; and Dear Colleague Letter and fact sheet on the rights of students with disabilities in public charter schools.

The Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools, issued by the Department’s Office for Civil Rights (OCR), provides a broad overview of Section 504 of the Rehabilitation Act of 1973 (Section 504). The guidance describes school districts’ nondiscrimination responsibilities, including obligations to provide educational services to students with disabilities, and outlines the steps parents can take to ensure that their children secure all of the services they are entitled to receive.

The Department’s May 15, 2012, Restraint and Seclusion: Resource Document suggested best practices to prevent the use of restraint or seclusion, recommending that school districts never use physical restraint or seclusion for disciplinary purposes and never use mechanical restraint, and that trained school officials use physical restraint or seclusion only if a child’s behavior poses imminent danger of serious physical harm to self or others. The DCL and question and answer document released today offer additional information about the legal limitations on use of restraint or seclusion to assist school districts in meeting their obligations to students with disabilities.

The Dear Colleague Letter and question and answer documents regarding Charter Schools will help update educators, parents, students, and other stakeholders to better understand the rights of students with disabilities in public charter schools under Section 504 and IDEA. These documents provide information about how to provide equal opportunity in compliance with Section 504 in key areas such as charter school recruitment, application, admission, enrollment and disenrollment, accessibility of facilities and programs, and nonacademic and extracurricular activities.

In addition to these documents, the Department also released a Know Your Rights document designed for parents to provide a brief overview of the rights of public charter school students with disabilities and the legal obligations of charter schools under Section 504 and the IDEA.

If you have questions regarding any of this information, please contact Dina Atwood at 802-660-2555.

Service Animals and the ADA

SP&F Team — Tue, 14 Jul 2015 15:11:37 +0000

On July 13, 2015 the Department of Justice (DOJ) issued a nine page technical assistance FAQ – Service Animals and the ADA to help assist covered entities like schools and municipalities in understanding how the service animal provisions of the regulations apply to them.

The FAQ is a follow up to the DOJ’s previous technical assistance bulletin- Revised ADA Requirements: Service Animals which was issued in 2011.

The 2015 FAQ can be found here:FAQ Service Animals

The 2011 DOJ technical Assistance Document can be found here: 2011- Revised ADA Requirements-Service Animals

If you have questions regarding Service Animals and the ADA or how the ADA impacts on your municipality or school, please contact Dina Atwood or Patti Page

Special Education and Section 504 Issues: A Review and Update for Vermont School Administrators

SP&F Team — Fri, 27 Feb 2015 21:08:48 +0000

Patti Page and Dina Atwood will be presenting the last in the 2014-2015 school year Vermont Principals’ Association Ed Law Series on March 24, 2015. The focus of this workshop is to provide administrators with an overview of the laws, and identify common errors and pitfalls in Special Education.

Topics will include: Role of general education teachers in special education and the educating of 504 students; overuse and misuse of paraprofessional services in IEPs; over and under identification of students for special education and/or 504; roles of school administrators in special education and 504; supervisory union-wide duties under Section 504; and, role of general education teachers in special education and the educating of 504 students. For a complete listing of the topics and to register online, please go to VPA.

The workshop will be held on March 24th, 2015, 9:00am -3:30pm, at the VPA Offices, Montpelier, VT. Cost is $199 (includes materials, lunch & break) Registration deadline: March 18th, 2015. Space is limited to 30.

DOE and DOJ Guidance on Education for Confined Juvenile Students

SP&F Team — Mon, 08 Dec 2014 16:04:14 +0000

On December 8, 2014, the United States Department of Education and the Department of Justice issued a four part set of guidance for assisting both state and local educational agencies in addressing and strengthening the educational services provided to students in juvenile facilities.

The guidance consists of:
Guiding Principles for Providing High-Quality Education in Juvenile Justice Secure Care Settings

Dear Colleague Letter on Individuals with Disabilities Education Act for Students with Disabilities in Correctional Facilities

Dear Colleague Letter on the Civil Rights of Students in Juvenile Justice Residential Facilities

Dear Colleague Letter on Access to Pell Grants for Students in Juvenile Justice Facilities

The guidance is a continuation of the recommendations found in My Brother’s Keeper Task Force report released in May of 2014.

if you have questions regarding this guidance or civil rights and special education issues for schools, please contact Dina Atwood or Patti Page .

Education Law Session Vermont Principals’ Association- January 13, 2015

SP&F Team — Mon, 01 Dec 2014 20:10:19 +0000

On January 13, 2015 Steve Stitzel and Dina Atwood will be presenting: Current Issues in Labor and Personnel Law: a Workshop for Public School Administrators and Legislative Update for the Vermont Principals’ Association.

The workshop is designed to help school administrators, human resource professionals and business managers stay up to date and compliant with the myriad of labor and employment laws which affect school districts and supervisory unions. Topics covered will be: labor negotiations and collective bargaining; Family Medical Leave Act (FMLA) and the Americans with Disabilities Acts (as amended), FLSA Wage and Hour compliance; how to hire, evaluate, discipline and fire personnel; what to cover in an exit interview; how to craft effective performance plans; and, relevant legislative updates to employment laws.

Registration is through the VPA and the deadline is January 7, 2015

If you have questions about the seminar or general labor, human resources, collective bargaining negotiations, or personnel matters contact Dina Atwood or Steven Stitzel.

Office of Educational Technology- Dear Colleague Letter

SP&F Team — Fri, 21 Nov 2014 15:16:42 +0000

On November 19, 2014 the United Stated Department of Education- Office of Educational Technology issued a Dear Colleague Letter providing examples of how school districts could leverage the use of ESEA (Elementary and Secondary Education Act of 1965, as amended) and IDEA (Individuals with Disabilities Education Act) funds to support digital learning and technology initiatives in schools.

The Dear Colleague Letter can be found at Educational Technology

OSERS GUIDANCE ISSUED

SP&F Team — Wed, 12 Nov 2014 20:12:21 +0000

On November 12, 2014 the Office of Special Education and Rehabilitative Services (OSERS) of the United States Department of Education issued a “Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools.”

The FAQ can be found at Dear Colleague

US Department of Education Guidance- Bullying of Students with Disabilities

SP&F Team — Wed, 22 Oct 2014 15:33:58 +0000

On October 21, 2014, the United States Department of Education’s Office of Civil Rights (OCR) issued a thirteen page “Dear Colleague” letter providing guidance for school districts regarding how OCR analyzes complaints regarding bullying of students with disabilities. The letter provides hypothetical examples to demonstrate when, in OCR’s view, circumstances may rise to a denial of FAPE (Free Appropriate Public Education) to students under Section 504.

The “Dear Colleague” letter can be found at Dear Colleague

If you have any questions regarding OCR’s latest guidance or questions regarding Section 504 please contact: Patti Page or Dina Atwood

Vermont Principals’ Association Education Law Series, 2014-15

SP&F Team — Tue, 14 Oct 2014 14:20:07 +0000

November 13, 2014. Session I. Student Discipline, Bullying and Harassment: A Practical Legal Overview for Vermont School Administrators
School administrators often must take action or make decisions in the heat of the moment when student discipline, bullying and student-student harassment issues arise. Vermont and federal law present a challenging array of legal requirements –statutory, regulatory and Constitutional – requiring compliance by school administrators dealing with these issues.
Patti Page and Dina Atwood will prepare seasoned and new school administrators to recognize and manage situations before legal challenges result in time-consuming corrective action or costly litigation. Topics will include: policy and procedure mandates; preventative steps to reduce occurrences; constitutional due process requirements for discipline proceedings; special rules and procedures relating to these topics when they involve students on IEPs or 504 plans; tips for conducting and documenting sufficient investigations of harassment or bullying claims; discussion of common errors and how to avoid them.
January 13, 2015. Session II. Current Issues in Labor and Personnel Law: a Workshop for Public School Administrators; Legislative Update
A workshop designed to help school administrators, human resource professionals and business managers stay up to date and compliant with the myriad of labor and employment laws which affect school districts and supervisory unions. Steven Stitzel and Dina Atwood will cover: labor negotiations and collective bargaining; Family Medical Leave Act and the Americans with Disabilities Acts (as amended), FLSA Wage and Hour compliance; how to hire, evaluate, discipline and fire personnel; what to cover in an exit interview; how to craft effective performance plans; and, relevant legislative updates to employment laws.
Legislative Update: Time will be set aside at the end of the session to provide a quick “heads up” review of proposed legislation in the pipeline for this year’s legislative session.
March 24, 2015. Session III. Special Education and Section 504 Issues: A Review and Update for Vermont School Administrators
Virtually every aspect of public education is affected by State and federal special education and disabilities law mandates. Patti Page and Dina Atwood will provide an overview of the laws and identify common errors and pitfalls for administrators when implementing these mandates on a day to day basis. They will also discuss solutions and make recommendations concerning best practices to avoid such pitfalls.
Topics will include:
• Roles of school administrators in special education and 504;
• Supervisory Union-wide duties under Section 504;
• Guidelines for determining “what is enough” for an appropriate IEP program;
• Avoiding due process;
• Increasing issues with time demands on personnel for mandated meetings and paperwork;
• Legal compliance issues when disciplining students with disabilities;
• Participation in after school activities
• Role of general education teachers in special education and the educating of 504 students;
• Implementing Rule 4500: Vermont’s restraint and seclusion regulations;
• Key school board policies and procedures relating to special education and Section 504;
• Additional record keeping responsibilities for special education records;
• Over and under identification of students for special education and/or 504;
• Planning for ongoing education for educators and service providers;
• Overuse and misuse of paraprofessional services in IEPs.

(All workshops will be held at the Vermont Principals’ Association offices, 2 Propect Street, Montpelier, Vermont 05602 – Conference Rooms A & B.)