Thought Leadership

New OCR Fact Sheet Shines Light on Provision of FAPE, Comp Services for 504 Eligible Students

Since COVID-19 first reared its ugly head, we have been discussing when and to what extent schools would be required to provide students with disabilities compensatory services due to the pandemic. On February 16, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released a fact sheet reminding schools that the responsibility to provide compensatory services also applies to students receiving services under Section 504. OCR recognizes that a school’s provision of compensatory services to a student does not devalue the school’s good faith efforts to educate students with disabilities during these difficult circumstances. Instead, OCR describes compensatory services as a remedy to address the unfortunate reality that unavoidable interruptions caused by the COVID-19 pandemic may have harmed many students with disabilities.  

The fact sheet also reminds schools of the responsibility to continue providing FAPE as the COVID-19 pandemic lingers. Notably, the fact sheet recommends that when considering whether changes in services are necessary to provide a student FAPE, Section 504 teams should consider not only the impact of the loss of services on skills and any mental health and trauma concerns but also any physical health effects of “long COVID.” Keep reading for more analysis of this new resource. 

The post New OCR Fact Sheet Shines Light on Provision of FAPE, Comp Services for 504 Eligible Students appeared first on Special Education Spotlight.

The Top Three Changes to the Texas Dyslexia Handbook Schools Should Know Now

On February 10, 2022, updates to the Texas Dyslexia Handbook went into effect. The State Board of Education (SBOE) previously approved the handbook revisions in September 2021. The changes necessitate updates to school district policies, procedures, and practices related to dyslexia.

Because dyslexia remains a “hot button issue” in Texas, including a growing subject of special education litigation, schools should prioritize compliance with the procedures in the updated handbook. To facilitate the updates schools should undertake, here are the three most significant changes from the handbook that Texas schools should know and act on now.

The post The Top Three Changes to the Texas Dyslexia Handbook Schools Should Know Now appeared first on Special Education Spotlight.

Texas AG Says Gender Reassignment is Reportable Child Abuse. Should Schools Agree?

By Jackie Gharapour Wernz, Melissa Mihalick and Kathryn Long

On February 18, 2022, Texas Attorney General Ken Paxton issued an opinion asserting that certain procedures and treatments for transgender children are child abuse under the Texas Family Code. The opinion, which does not carry the force of law, directed members of the public and licensed professionals to report procedures such as puberty blockers, hormone therapy, and gender reassignment surgery on children to the Texas Department of Family and Protective Services. The news has led to understandable questions from Texas educators about whether they, as mandated reporters, are required to report families that provide transgender youth with treatment based on the advice of their physician and the prevailing standards of care.

The confusion is particularly acute because reporting a transgender child’s family to DFPS for elective services while not reporting similarly-situated cisgender students could be discrimination under Title IX. The U.S. Department of Education’s Office for Civil Rights would also likely find that a school that reports transgender students to DFPS—especially in tandem with actions required by other state laws, such as Texas’s ban on children playing sports with a gender that does not match their gender assigned at birth—can create a “hostile environment” for transgender students under Title IX. Because of federal supremacy, schools cannot defend against an OCR complaint or federal lawsuit under Title IX by arguing that they were following state law.

Because of the substantial confusion and risk related to this issue, schools should work closely with legal counsel to develop a plan of action to handle mandated reporting and other issues involving LGBTQ+ students in schools. Training of mandatory reporters is essential. We offer more background, details, and analysis of the Texas AG Opinion below.

The post Texas AG Says Gender Reassignment is Reportable Child Abuse. Should Schools Agree? appeared first on Title IX Tips.