The Special Education Administrator’s News Digest: Winter 2023 Issue 5
Special education news special education administrators need to know in 350 words or less, delivered bimonthly.
This month we take a look back on the year 2023 at the biggest news stories that may reshape the world of special education.
Supreme Court Unanimously Ruled in Perez v. Sturgis Against School District in Special Education Case
In March 2023, the Supreme Court unanimously ruled against Sturgis Public Schools, opening the door for dual-track litigation under both IDEA and ADA (and/or Section 504). With this ruling, IDEA administrative processes do not need to be exhausted prior to filing a suit and pursuing monetary damages under ADA.
School district advocates fear that this Supreme Court decision will undermine the collaborative nature of the IDEA process, will shift the parties’ focus to money rather than students’ educational needs, will waste money on litigation that could be more efficiently spent on students themselves, and will discourage settlements by making them more expensive.
To learn more about how this SCOTUS decision will impact your day-to-day work as a special education administrator, watch this overview video by John Comegno, Esq.
For different perspectives on the Supreme Court decision, read these pieces from the following publications:
- The 74
- Amicus Brief filed by AASA, CASE, NAPSA, and others
- Congressional Research Service
- EdWeek
- Disability Scoop
- K-12 Dive (1)
- K-12 Dive (2)
OSEP Awards More Than $35 Million to Recruit, Prepare, and Retain Special Education Personnel
The U.S. Department of Education, in September 2023, awarded more than $35 million in funding to invest in programs supporting the development and ongoing professional learning of personnel who support students with disabilities. The funds helped cover the education cost required to complete programs that prepare individuals to work with students with special needs. Additionally, one award will fund a new national center to support school and early intervention program administrators to effectively implement IDEA and improve systems serving students with disabilities.
For more information on the funding, read from the following sources here:
Recent Research Offers Practical Solutions to the Special Education Teacher Attrition Problem
Research published in September 2023 indicates that multifaceted solutions, both short-term and long-term, are needed to alleviate the attrition that contributes to the shortage of special education teachers. Short-term solutions include financial incentives and increasing the number of special educators by hiring early. Three long-term solutions are eliciting feedback from teachers about working conditions, orienting schools towards all learners, and treating teachers as professionals, shedding the sacrificial teacher narrative. Along with the solutions, it’s necessary to address special education teachers’ working conditions.
For more information, read the research or view the webinar here:
Elimination of the One Time Parental Medicaid Consent Could Ease Billing for Special Education Services
School districts would not be required to obtain consent from parents before billing Medicaid for reimbursement of school-based services under the proposed rule change and guidance update by the U.S. Department of Education and U.S. Department of Health and Human Services. The proposed rule change would simplify the billing process, making it easier for school districts to access funds to help reimburse Medicaid-eligible services provided to students with disabilities. Public comments were due by August 1, 2023.
For more information on this proposed rule change and guidance update, read these pieces from the following publications:
