Thompson & Horton 2023-24 Special Education Webinar Series
This school year, sharpen your skills and stay up to date with the latest changes to special education law with Thompson & Horton’s 2023-24 Special Education Webinar series.
Join our team, the first Thursday of every month at 1pm, for a look at the latest changes and developing issues you face as a special education leader.
TEA Provides Clarification on the Implementation of HB 3928
As you gear up for the beginning of the school year, your special education teams are likely discussing the new dyslexia bill, HB 3928, and how these recent legislative changes will impact your operations. In case you missed it, we provided an overview of the bill’s new requirements on our blog back in June, which you can find here.
On August 3, 2023, TEA released an FAQ guidance document in an effort to assist local education agencies in the implementation of HB 3928 while the State Board of Education works to update the Dyslexia Handbook. While we highly recommend a thorough review of the entire FAQ document, below is a summary of TEA’s current guidance on some of the more common questions we have been receiving.
The Supreme Court Finds IDEA Exhaustion Not Required When Parents Seek Money Damages Under ADA and Section 504
In a unanimous decision, the Supreme Court held today that plaintiffs may file federal lawsuits under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 seeking money damages without first exhausting the IDEA administrative procedures, even when the underlying dispute is the student’s special education programming. As we previewed in a post following the oral argument, this decision is a departure from current Fifth Circuit law and opens the door to parents filing federal lawsuits seeking monetary relief in special education disputes without filing for due process under the IDEA. As explained below, whether this path is truly advantageous for parents is uncertain.
IEP Spotlight: Statement of PLAAFP and Why it’s so Important
Over the summer, we posted about the importance of and tips for successful IEP implementation and progress monitoring. Today, we continue a series of articles focused on the components of a great IEP. In this post, we will discuss the foundation of the IEP: the statement of present levels of academic achievement and functional performance (PLAAFP).
The Individuals with Disabilities Education Act (IDEA) mandates that IEPs include a statement of PLAAFP. If you’ve ever attended an ARD, you know that this statement is one of the first things covered. And with good reason: the statement of PLAAFP provides an overview of the student’s current functioning and baseline for new goals. Without a clear, specific, and individualized statement of PLAAFP, the IEP may be deficient. Keep reading to learn steps to ensure that every IEP is built on a solid PLAAFP foundation.
Graduation and Termination of Special Education Services
August is here, and at the beginning of the school year it’s time to think about graduation. That’s right, it’s never too early to plan for a student’s graduation and transition to post-secondary life. Waiting until spring to prepare for this change can lead to trouble. Here’s what you need to know.