Lights! Cameras! Action! (To Take Following a Request to View Special Education Camera Footage) 

Taylor Montgomery,

November 21, 2023

in: Operating Procedures, Uncategorized

Texas Education Code 29.022 leaves little room for confusion regarding the requirements for placing video cameras in certain self-contained classrooms and other special education settings following a request by a parent, Board member, or District employee. The law is less clear, however, regarding the parameters for responding to requests to review recordings on these cameras. This uncertainty often leaves school districts, particularly school administrators, confused as to how to respond to these requests in accordance with the law. Fortunately, the special education team at Thompson & Horton LLP has broken down these requirements and provided step-by-step guidance for responding to these requests. 

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Free Personal Assistants for Special Educators!

Kendra Yoch, Rebecca S. Bailey,

October 18, 2023

in: Operating Procedures

Imagine a world where special education teachers have an invaluable assistant—a tireless digital companion capable of drafting IEPs, offering tailored lesson plans, and even communicating with parents. This isn’t science fiction; it’s the reality we’re moving toward with the growing presence of artificial intelligence in special education. But the science, so far, is imperfect, and users must guard against potential pitfalls.  

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New Accelerated Instruction Requirements Call for Changes to Policies & Procedures for 2023-2024

Taylor Montgomery, Aluwet Deng,

August 4, 2023

in: Legislation, Operating Procedures

In the wake of the pandemic, House Bill 4545 left school districts scrambling to figure out how to address learning loss for all students, including students with disabilities, through accelerated instruction. School districts were cautiously optimistic that the most recent legislative session would ease many of the burdens of House Bill 4545. In June 2023, the Texas Legislature passed House Bill 1416—otherwise known as the House Bill 4545 ‘Clean-Up Bill—which introduces new changes to the accelerated education environment. While House Bill 1416 narrows some requirements for school districts, it broadens others.  

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Don’t You Forget About Me: OSEP Policy Letter Sheds Light on Rights of Students Who Have Graduated 

Taylor Montgomery,

April 17, 2023

in: Operating Procedures

Phew! It’s the day after graduation, and your school district is finally off the hook for a potential state complaint you have been fearing the legal guardian of a student with disabilities would file against the district for months. Not so fast! On March 30, 2023, the Office of Special Education Programs (OSEP) (part of the U.S. Department of Education) released a policy letter relating to the rights of students who have graduated. Letter to Oettinger, which is dated March 2, 2023, addresses the following issues:  

(1) Must a State Educational Agency (SEA) resolve a complaint if the child who is the subject of the complaint has graduated? 

(2) Must an SEA resolve a complaint that alleges systemic noncompliance based on facts related to a child who has graduated? 

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Addressing Common Myths Regarding Accommodations Decisions and Implementation

Taylor Montgomery ,

February 14, 2023

in: Operating Procedures

Perhaps one of the most critical components of a student’s IEP, accommodations are designed to provide equal access to the learning environment for students with disabilities. Despite their importance, ARD committees sometimes gloss over this section of the IEP without giving it the attention it deserves. One cause for confusion is that the term “accommodations” is not actually defined in the IDEA, which may lead to disputes over what is necessary and appropriate to provide FAPE. To ensure that school districts make appropriate decisions regarding accommodations and comply with implementation requirements, we address common myths that we hear regarding accommodations and clarify the legal truth below:  

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Despite Teacher Shortage, OSEP Says IDEA Compliance Requires Certified Teachers, No Waivers

Leah Northener, Kendra Yoch,

October 28, 2022

in: Operating Procedures

The recent teacher shortage has caused districts to get creative regarding schedules, student grouping, and staff assignments. But just how creative can you be when it comes to the employees in your special education classrooms? The Office of Special Education Programs (OSEP) issued guidance on this topic on October 4, 2022, indicating that proper credentials will be an area of focus as we continue to navigate the post-COVID era.

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