The IDEA Goes to HHS?

Kendra Yoch,

March 25, 2025

in: In the News, Uncategorized

The first three weeks of March were tumultuous for the Department of Education. On March 3, 2025, after being appointed as Secretary of Education, Linda McMahon issued a statement entitled “Our Department’s Final Mission.” The Secretary’s mission is to return authority for education to the states and eliminate “bureaucratic bloat.” On March 11, 2025, the Department of Education initiated a reduction in force of almost 50%.  On March 20, 2025, President Trump issued an Executive Order aimed at closing the Department. And on March 21, 2025, President Trump said that the Department of Health and Human Services (HHS) would handle “special needs.” The administration has not provided any details about the proposed transition. 

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OCR: Schools Should Be Wary of Discriminatory AI Outputs  

Rebecca Bailey, Kendra Yoch,

December 5, 2024

in: OCR Updates, Uncategorized

Artificial intelligence-enabled tools can do all sorts of helpful tasks. But AI is trained on existing (human-generated) data and language and can therefore include biases. And its methods rely on probability and can therefore include mistakes. The Department of Education’s Office of Ed Tech has useful explanations and resources in this blog post. Given these risks and the increasing use of AI in education, the Office for Civil Rights issued guidance on Avoiding the Discriminatory Use of Artificial Intelligence. The guidance includes multiple scenarios that OCR advises would likely cause it to open an investigation related to potential discrimination based on disability, sex, race, national origin, or a combination of bases.  

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What are your goals this year? 

Kendra Yoch,

August 27, 2024

in: IEPs, Uncategorized

Welcome back to school! If you are writing IEP goals in Texas, there are new requirements to be aware of.  

  1. Each goal must include the timeframe, condition, behavior, and criterion.
  2. Students need goals in content areas when the course content is modified. Goals are also required in content areas for which the student is removed from the general education setting, but the content is not modified.
  3. Short-term objectives or benchmarks cannot be used as the mastery criterion for the annual goal. 

For more details, keep reading.  

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PWN like a Pro

Kendra Yoch, Rebecca Bailey,

March 22, 2024

in: Operating Procedures, Uncategorized

Does your team write prior written notices that communicate clearly to parents and protect the district in case of a dispute? Or are the PWNs somewhat lacking? After a long (possibly contentious) ARD meeting, drafting a cogent and detailed PWN can feel overwhelming. But it’s definitely worth the time and effort. A strong PWN can help avoid misunderstandings and provide compelling evidence in the event of a TEA or due process complaint.  

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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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