Special Education

Overview

Special Education

Each year, parents and school boards duke it out at hearings and in court over the kinds of services and placements their schools provide for students with special needs.Those battles over special education have their roots in the 1976 Individuals with Disabilities Education Act, or IDEA.The basic tenets of that landmark federal law are that students with disabilities should be provided with a “free, appropriate public education” (FAPE), and that this education should take place in the “least restrictive environment,

Each year, parents and school boards duke it out at hearings and in court over the kinds of services and placements their schools provide for students with special needs.Those battles over special education have their roots in the 1976 Individuals with Disabilities Education Act, or IDEA.The basic tenets of that landmark federal law are that students with disabilities should be provided with a “free, appropriate public education” (FAPE), and that this education should take place in the “least restrictive environment,” meaning as much as possible alongside students without disabilities. The articles, research and other materials collected in this Topics section examine the ways in which schools approach the process of educating students with special needs.

Since the inception of IDEA, the education of students with disabilities has varied across the country. The U.S. Department of Education monitors how states and districts are meeting the requirements of IDEA, but much of what it reviews focuses on processes—such as whether districts are evaluating students for special education services on time and whether they are working to inform parents about special education—rather than quality of the education that individual students receive.

In recent years, the number of students identified with some type of disability has changed, and for the first time since IDEA was enacted, overall numbers for students enrolled in special education dropped in 2005. One category of students, those with specific learning disabilities, has been responsible for much of the change, even though the numbers of students classified with other labels have increased. Many people attribute this drop to an approach called response to intervention (RTI). RTI is a set of techniques teachers use to address reading problems, and other issues, early in children’s school careers. Advocates for students with disabilities have voiced concern that districts and schools are using RTI as an alternative to providing students with disabilities with treatment, specialized instruction, or therapy. Another concern is that districts are using RTI as a way of identifying which students need special services, a purpose for which the approach was not originally intended. Advocates for RTI argue that it creates a continuum for students who need additional attention rather than merely placing students into either regular or special education.

Testing/Assessments

Another area to probe regarding students with disabilities is testing. The implementation of IDEA has changed over time, and—when combined with the No Child Left Behind law —it now requires that students with disabilities participate in state assessment programs. (NCLB requires that at least 95 percent of students with disabilities are tested.) This mandate alone was a huge shift: Holding schools accountable for the assessment performance of students with disabilities was, to some advocates, a huge step forward. States and districts have to report how many students with disabilities are taking the same exams as their classmates without disabilities, and how many are taking alternative exams designed for students with severe cognitive disabilities. Some states have a test for students who fall in between, and this alternative has been a source of controversy. 

How long the requirements of NCLB will last is a question mark. Congress has proposed several ways to rewrite the law, and the Education Department has offered states waivers that would exempt them from some of the law’s requirements. It is also unclear how changes in the NCLB law will affect the education of students with disabilities. Many of the reauthorization proposals have been criticized because they deemphasize the idea of accountability for different subgroups of students, including those with disabilities.

Budget/maintenance of effort

IDEA includes a requirement called maintenance of effort (MOE), which orders districts and states to keep the amount of money they spend on students with disabilities the same from year to year, or increase the special education budget, with a few exceptions. Exceptions include when a child with expensive needs moves away or graduates, or when a long-term teacher making a large salary leaves the system. This policy is designed to buffer students from legislative budget whims: A student who needs a particular type of therapy or education setting keeps their services from year to year. However, some states have started to invoke a waiver process that allows them to cut their special education budget without being penalized an equal amount in federal IDEA dollars. The federal waivers are relatively easy to track and seem to have tapered off.

Districts have been more vocal about the increasing cost of special education in recent years. In some cases, special education has become a target of criticism from parents whose children do not have disabilities, as they see districts cut extracurricular activities and increase class sizes but keep special education services unchanged. Case in point: One Michigan district cut busing for all students except those with disabilities to save money.

The federal Education Department, however, has issued guidance that says districts can cut their special education budgets, too, without as much of a penalty as they would have faced in the past. Some districts for the first time are going over their special education spending carefully. The districts are curbing the practice of enrolling students in private schools and sending more students to their neighborhood schools (which saves on transportation costs but must be done with care). Many districts actually are treating students with disabilities more inclusively. Inclusion has long been considered an educationally sound idea, though it is not without its critics, but the financial incentive means some districts now are more inclined to act on recommendations for more inclusion.

Tougher Standards Under Obama

The number of states in compliance with federal special education rules dropped from 38 to 15 after the Obama administration implemented tougher regulations in June of 2014. The announcement coincided with a report chronicling the lapse in achievement among special education students in all 50 states. 

Through the Individuals with Disabilities Education Act, the U.S. Department of Education can require states to demonstrate compliance with the federal law in order to earn their share of the $11.5 billion IDEA funnels to states to educate students with disabilities. States will now be required to have special education students take the same standardized students as other peers, close the academic performance gap and  improve the outcomes of special education students on the National Assessment of Education Progress (NAEP). The department will transition to using states’ new standardized tests once they’ve all been aligned with college and career-ready standards. 

The federal government will provide $50 million in technical assistance over several years to help states beef up their compliance measurements.

Next

Looking forward, as the No Child Left Behind era winds down and the advent of common-core standards and assessments approaches, it is likely that special education could change dramatically. The new standards and assessments are expected to be a challenge even for many students in regular education. Many educators think the adjustment could be particularly difficult for students with disabilities.

Latest News

Louisville School Board Weighs In On High Number Elementary Suspensions

At least two members of the Jefferson County Board of Education say they want the state’s largest school district to discuss limiting or banning suspensions of some of its youngest students after a Courier Journal investigation found suspensions of elementary children had skyrocketed.

Board member Chris Kolb, who has long been critical of the number of suspensions in Jefferson County Public Schools, said he is going to “push really hard” to have a moratorium on elementary and preschool suspensions, with a few exceptions.

Key Coverage

Louisville Elementary School Student Suspensions Are Soaring

The littlest learners in Jefferson County Public Schools were suspended more than 7,600 days last year — the equivalent of 21 years — as the district’s use of its harshest punishment on elementary students skyrocketed.

JCPS is doling out suspensions at a higher rate — in one case, at roughly five times the rate — than its peer districts across the country, a Courier Journal investigation has found. 

Latest News

A Special Ed Partnership Makes Texas History

Every school system has students whose disabilities, mental health needs, or behavioral issues are intense or unique enough that they need to attend school in a segregated facility. Often, this is to ensure the student’s safety — and sometimes to safeguard others.

Latest News

NYC Has For Months Failed To Pay Special Ed Therapists

This school year, Parker Chen has not received any of the vision therapy he needs to progress in his classwork.

A month after schools reopened, the city education department still has not completed the paperwork needed for Parker’s therapist to resume working with him after the summer break.

The case of Parker Chen is not unique. NY1 News has learned that the education department is months behind paying the therapists who serve many of the school system’s most disabled children — and the backlog of bills is growing.

Latest News

Texas Expects Thousands More Special Education Students. But Where Are The Teachers?

Thousands of additional children will soon be eligible for special education services after state officials eliminated an illegal cap that artificially tamped down Texas special education rolls for a decade.

But even if the state fully funds the estimated $3 billion cost of providing that extra instruction, educators say one big question remains: Where will schools find up to 9,000 new special education teachers?

Latest News

Kentucky District Put Kids In Special Education To Get Better Scores

The Floyd County Schools District earned numerous accolades for achievements on state tests, including multiple “District of Distinction” honors, and in 2016, a ranking of sixth statewide, but a scathing audit suggests that some in the district may have been more concerned with test results than the quality of education provided to students.
 

The Kentucky Department of Education required the school district to implement a corrective action plan this year, following an audit of the district’s services for children with special needs.

Latest News

Texas Education Agency Refuses to Monitor County’s Alternative Special Ed Schools Directly

What happened to Evan Johnson triggered a state investigation, exposing what some call a loophole in how state administrators keep an eye on some special needs students in Harris County.

It’s called the Academic and Behavior Support School West. It’s one of two special ed schools run by the Harris County Department of Education, which has its own board and collects its own taxes. The agency technically isn’t a school district, but it still enrolls over 200 special needs students through contracts with dozens of school districts in Greater Houston.

Latest News

Texas Saved Billions Cutting Special Education. Now the Bill Comes Due

Texas’s 5.4 million students are returning to school amid the usual scramble for textbooks, lockers and desks. The state is also facing a huge problem of its own creation: how to find, evaluate and properly teach as many as 200,000 students wrongly denied special education or overlooked as it sought to limit spending for the nation’s fastest-growing school population.

And then there’s the question of how Texas, under orders from the U.S. government, will pay for it all.

Latest News

Colleges, Courts Grapple With The Role Of Companion Animals

Animals are being used in courtrooms to help witnesses testify and on college campuses to deal with students’ stress.

Courts and colleges are struggling to develop consistent policies about these animals.

Courtroom canines are known as facility dogs, and at least seven states have some type of lawallowing their assistance on the witness stand.

Latest News

Parkland Shooting Suspect Lost Special-Needs Help at School When He Needed It Most

Nikolas Cruz was an 18-year-old junior at Marjory Stoneman Douglas High School in Parkland, Fla., when a spate of disturbing behavior led to a fateful meeting about the future of his schooling.

Education specialists told Mr. Cruz he should transfer to Cross Creek, an alternative school for students with emotional problems where he had thrived in ninth grade. His mother, Lynda Cruz, agreed.

Latest News

How Private Schools and Districts Partner Up on Special Education

Less than 2 percent of school-aged students with disabilities—about 85,000 of them in fall 2016—are enrolled by their parents in private schools, according to records maintained by the federal government.

But the education of those students, including their rights under federal law and the resources available to them, has taken on an outsized importance since Betsy DeVos was appointed U.S. secretary of education under the Trump administration.

Member Stories

July 13 – July 19
Here's what we're reading by EWA members this week

The Associated Press tracked nearly half a billion dollars that have flowed from philanthropies to charter school organizations, reports Sally Ho.

Rising national debt and a growing elderly population may force drastic cuts to federal programs that serve children, writes John Fensterwald for EdSource.

Education Week’s Madeline Will reports on the unprecedented wave of teachers running for political office.

Member Stories

June 29-July 5
Here's what we're reading by EWA members this week

Sally Ho of the Associated Press explains where and why prominent charter school supporters are wading into state elections.

A lawsuit filed on behalf of Detroit students ends in disappointment for its supporters, reports Lori Higgins of the Detroit Free Press. 

For EdSource, Theresa Harrington examines why teachers in Oakland are preparing to strike.

Member Stories

June 8-June 14
Here's what we're reading by EWA members this week

A school district in Florida failed to report crimes that occurred on its campuses, including at Marjory Stoneman Douglas High, write Scott Travis, Megan O’Matz, and John Maines for the South Florida Sun-Sentinel.

In The Military Times, Natalie Gross reports on a significant drop in the number of veterans and dependents using the GI Bill at U.S. colleges.

Finalist

Hard to Read: How American Schools Fail Kids With Dyslexia
Single-Topic News or Feature: Broadcast

2017 EWA Award Finalist Banner image

About the Entry

There are proven ways to help people with dyslexia learn to read, and a federal law that’s supposed to ensure schools provide kids with help. But according to an audio documentary by Emily Hanford, public schools across the country are denying children proper treatment and often failing to identify them with dyslexia in the first place.

Seminar

71st EWA National Seminar
Los Angeles • May 16-18, 2018

EWA 71st National Seminar Los Angeles graphic

EWA’s National Seminar is the largest annual gathering of journalists on the education beat. This multiday conference provides participants with top-notch training delivered through dozens of interactive sessions on covering education from early childhood through graduate school. Featuring prominent speakers, engaging campus visits, and plentiful networking opportunities, this must-attend conference provides participants with deeper understanding of the latest developments in education, a lengthy list of story ideas, and a toolbox of sharpened journalistic skills.

Blog: Latino Ed Beat

Teachers Union Offers Support to Educators in Puerto Rico

Educators in Puerto Rico are getting support from the American Federation of Teachers in their efforts to thwart a plan to close schools as a way of helping the island deal with its financial crisis.

AFT president Randi Weingarten sent a letter in April to the Financial Oversight and Management Board for Puerto Rico urging them “not to make devastating funding cuts to the education system that serves the 379,000 students in Puerto Rico.” The federal fiscal board is overseeing Puerto Rico’s efforts to deal with bankruptcy and resolve its debt.

EWA Radio

Betsy DeVos Is Secretary of Education. Now What?
EWA Radio: Episode 108

Betsy DeVos takes the oath of office.

Kimberly Hefling of Politico discusses the new U.S. secretary of education, Betsy DeVos, who was confirmed Tuesday after Vice President Mike Pence was called in to break a 50-50 tie in the Senate. What will be her top priorities moving forward? How aggressively will the new secretary push school choice, and how likely is President Trump’s $20 billion school choice plan to gain traction? Has DeVos lost political capital during the bruising confirmation process? Was she held to a higher standard than other nominees for President Trump’s cabinet? And how much power will the Republican mega-donor have to roll back the Obama administration’s education policies and initiatives? 

EWA Radio

How Texas Shortchanged Students With Disabilities
EWA Radio: Episode 90

new investigation by the Houston Chronicle finds that the Lone Star State took unusual steps to severely cut its special education programs — keeping hundreds of thousands of potentially qualified students from receiving services.

Chronicle reporter Brian Rosenthal talks with EWA public editor Emily Richmond about crunching the numbers, how this has impacted students and families, and what’s next in his reporting. 

Blog: The Educated Reporter

Back-to-School: You Need Stories, We’ve Got Ideas

Back-to-School: You Need Stories, We’ve Got Ideas

The boys (and girls) are back in town. For class, that is.

See how forced that lede was? Back-to-school reporting can take on a similar tinge of predictability, with journalists wondering how an occasion as locked in as the changing of the seasons can be written about with the freshness of spring.

Recently some of the beat’s heavy hitters dished with EWA’s Emily Richmond about ways newsrooms can take advantage of the first week of school to tell important stories and cover overlooked issues.

Blog: The Educated Reporter

Expert Reporter’s Tips: Covering Students with Special Needs

David DesRoches covers education and related topics for Connecticut's WNPR. (Source: WNPR)

When David DesRoches learned in 2013 that a small, wealthy Connecticut town was failing to educate its special-needs children properly, he began some textbook investigative journalism work: filing public records requests, cultivating dozens of sources, and trekking to meeting after meeting. What resulted was one of the most in-depth reporting projects ever on the rights of students with disabilities and the failures of their school districts to respect them.

Seminar

69th EWA National Seminar

The Education Writers Association, the national professional organization for journalists who cover education, is thrilled to announce that its annual conference will take place from Sunday, May 1, through Tuesday, May 3, 2016, in the historic city of Boston.

Co-hosted by Boston University’s College of Communication and School of Education, EWA’s 69th National Seminar will examine a wide array of timely topics in education — from early childhood through career — while expanding and sharpening participants’ skills in reporting and storytelling.

Boston, Massachusetts
EWA Radio

Life After Graduation for Students With Disabilities
EWA Radio: Episode 26

For students with disabilities, it can be a rocky transition from a supportive school environment to the “real world” of college and career. What programs and services are helping to clear their path? Which districts and states are doing the best job at preparing students with disabilities to advocate for themselves? And where is the policy and practice falling short? Education Week delves deep into these issues.

Education Week staff writer Christina Samuels, the lead reporter on the Diplomas Count 2015 report Next Steps: Life After Graduation, talks with EWA Radio about the national trends, examples of best practices, and story ideas for local reporters writing about special education issues.

Blog: The Educated Reporter

Debating the Special Education Challenge in Charter Schools

As the charter schools sector faces increased scrutiny for educating a smaller share of students with disabilities than traditional public schools, the conversation is increasingly focused on better understanding the reasons and looking for ways to improve the situation.

Report

Federal Funding for Students with Disabilities

In Federal Funding for Students with Disabilities: The Evolution of Federal Special Education Finance in the U.S., New America provides a history of special education financing in the U.S., and highlights the latest shift in the mission of the IDEA funding formula: a change from providing dollars directly based on the number of special education students, to ensuring the federal government provides sufficient resources for those students without encouraging the over-identification of children as requiring special education–mainly by cutting out financial incentives to do so.

Report

Federal Funding for Students with Disabilities
The Evolution of Federal Special Education Finance in the U.S.

In Federal Funding for Students with Disabilities: The Evolution of Federal Special Education Finance in the U.S., New America provides a history of special education financing in the U.S., and highlights the latest shift in the mission of the IDEA funding formula: a change from providing dollars directly based on the number of special education students, to ensuring the federal government provides sufficient resources for those students without encouraging the over-identification of children as requiring special education–mainly by cutting out financial incentives to do so.

Blog: The Educated Reporter

Federal Government Gets Tougher on States Receiving Special Education Funds

Source: U.S. Department of Education

The number of states in compliance with federal special education rules dropped from 38 to 15 after implementation of tougher regulations today, according to a U.S. Department of Education report. The findings are part of a renewed push to help special ed students, who comprise roughly 13 percent of all public school kids in the U.S., in the form of new state regulations that take into account the achievement of students with disabilities.

Blog: The Educated Reporter

Word on the Beat No. 1: Sequestration

One of the best things about getting to write The Educated Reporter blog is that it helps me keep up to date on the latest issues and concerns for public education. At the same time, I’m continually amazed at how quickly the jargon and buzzwords seem to multiply on the education beat. Starting today, I’m going to do my part to help add some clarity to the conversation. On a regular basis, I’ll tackle an Education Buzzword You Need To Know. (I say this with the full realization that such designations are highly subjective. But let’s give it a shot, shall we?)

Report

IDEA Data

This section of the IDEA website contains Part B and Part C data reported annually by states to the Office of Special Education (OSEP), including state-by-state, rank-ordered, and historic trend data.

Organization

The Office of Special Education Programs

The Office of Special Education Programs is the federal office responsible for the administration of the Individuals With Disabilities Education Act. OSEP offers a variety of “programs [that] are intended to ensure that the rights of infants, toddlers, children, and youth with disabilities and their parents are protected.”

Organization

The National Center for Special Education Research

Congress established the National Center for Special Education Research as part of the 2004 Individuals with Disabilities Education Act. The research of the center “systematically [explores] how to best design instruction to meet the needs of each child with a disability” with an emphasis on the policy and practices parts of the equation.

Organization

The National Center on Learning Disability

The National Center on Learning Disability, though not singularly focused on education, “works to ensure that the nation’s 15 million children, adolescents, and adults with learning disabilities have every opportunity to succeed in school, work, and life.” On the education front, the NCLD primarily works to inform parents of their child’s legal rights.

Organization

The National Association of State Directors of Special Education

The National Association of State Directors of Special Education has worked since 1938 with education agencies in the states and territories “to align policies and proven practices in order to ensure students with disabilities are afforded full participation in their education and successful transition to post-school education, employment and independent living.” Among the intiatives NASDE operates are the Response to Intervention (RTI) Project and the Deaf Education Initiative.

Organization

The Council for Exceptional Children

The Council for Exceptional Children “is the largest international professional organization dedicated to improving the educational success of individuals with disabilities and/or gifts and talents.” The Congressional policy and advocacy goals outlined on the council’s website offer insights toward what topics are currently prominent in the world of special education.

Organization

ALLIANCE National Parent Technical Assistance Center

As a project of the PACER center, the ALLIANCE National Parent Technical Assistance Center offers networking, support, and other resources to parents of students with disabilities, in particular through the development of Parent Centers that provide families with information. The site is a helpful resource in locating parents and families with special needs children in your region.

Key Coverage

Feds Receive Record Number of Complaints About Special Education

A new report from the U.S. Department of Education’s office for civil rights says that, from 2009 to 2011, the agency received more complaints about disability issues than ever before in a three-year period. During that time, 55 percent of the total number of complaints the civil rights office received had to do with disabilities. To put that number in context, consider that OCR enforces civil rights laws that prohibit discrimination in a host of other areas, including race, national origin, sex, and age.

Report

Boosting the Quality and Efficiency of Special Education

Today, Fordham is releasing a groundbreaking study that helps address those questions: Boosting the Quality and Efficiency of Special Education. Author Nate Levenson of the District Management Council uses the largest database of information on special education spending and staffing ever assembled to uncover significant variance in how districts staff for special education.

Key Coverage

Seminoles helped by ‘LD’ diagnoses

EWA 2010 National Reporting  Contest winner. For college athletes, how much help is too much if they have learning disabilities? This story features a fired disabilities coach who university officials say blurred the line between aiding student-athletes with learning disabilities and academic fraud. Other members of the university’s athletic academic support unit in some cases supplied answers to tests, and in other cases typed papers, for 61 athletes in football and other sports.