What’s happening with the Section 504?
The short answer is nothing just yet, the long answer is… more complicated.
The IDEA Goes to HHS?
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.
OCR: Schools Should Be Wary of Discriminatory AI Outputs
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.
Tis the Season for Functional Behavioral Assessments: New Guidance from the Department of Education!
Ho, ho, ho! As we deck the halls and sip on eggnog, it’s time to unwrap a gift from the United States Department of Education (Department)—a new guidance document on Functional Behavioral Assessments (FBAs)!
Accommodation or Workaround? Artificial Intelligence and FAPE
New and advancing artificial intelligence tools can be effective accommodations for students with disabilities to support their participation in the general education curriculum. But accommodations are not instruction. IEP teams will need to carefully consider when such tools are appropriate and when specialized instruction in underlying skills is warranted. Teams should also take care not to overlook learning gaps when students independently employ AI tools as compensatory strategies to mask lagging skills. A recent Tennessee case highlights this issue and reminds teams that grades may not provide a clear signal of a student’s progress.
Thompson & Horton Presents 2024-25 Special Education Training
This school year, Thompson & Horton’s Special Education Training Series has a special focus on behavior and discipline.
On one Wednesday of every month at 12 PM, Thompson & Horton’s special education team will deliver short, focused virtual training webinars—typically around 30 minutes—designed to fit into the busy schedules of administrators. Each session will break down key concepts, provide insights on developing issues, and tackle complex legal and practical challenges, helping you navigate difficult issues like Informal Removals and Dangerous Behavior.