Thought Leadership

Proposed Amendments to the TEA Complaint Process Are a Mixed Bag for Districts 

On September 23, 2022, the Texas Education Agency (“TEA”) issued a notice regarding proposed amendments to the sections of the Texas Administrative Code related to special education complaints filed with the TEA. The proposed rules are currently open for public comment and are the subject of a public hearing on October 6, 2022. The only major change impacting special education due process hearings would clarify that summary proceedings in hearing may only be used when both parties in the hearing agree to use the summary process. This is significant because parties are currently able to file motions for summary judgment – which allows a hearing officer to rule on the legal viability of a claim without the need for a complete hearing. This approach can be productive and cost-effective for school districts, as it permits hearing officers to sift through meritless claims without the need for a full hearing. This is currently permitted in a due process hearing without the consent of the other party, and this change would require consent.

The post Proposed Amendments to the TEA Complaint Process Are a Mixed Bag for Districts  appeared first on Special Education Spotlight.

Can Districts Still Find Resolution After a Due Process Hearing Has Been Requested?

School districts and parents across Texas are regularly working together to ensure that the needs of students are met and that the district is providing a free appropriate public education (FAPE). Every child is unique; likewise, every Individualized Education Plan (IEP) is just as distinct. When a disagreement arises and disputes occur, the district and parents have the ability to go through various dispute resolution processes. The Texas Education Agency encourages and supports the resolution of any dispute that arises between the parent and a school district relating to the identification, evaluation, or educational placement of or the provision of a FAPE to a student.

Several options exist for resolving disputes at any level or stage. Some of those options include but are not limited to: ARD meetings; meetings or conferences with the student’s teacher, campus administrator, or special education director; mediation through TEA; and filing a complaint or due process hearing through TEA. Districts and parents utilize these formal and informal methods to problem solve and settle disagreements.

But once a parent has formally filed a request for a due process hearing, is there any hope left for resolution or are the parent and district forced to go through with a due process hearing before a hearing officer? The answer is, yes, there is hope for resolution before a due process hearing. In fact, the majority of due process hearing requests are resolved without a hearing.

The post Can Districts Still Find Resolution After a Due Process Hearing Has Been Requested? appeared first on Special Education Spotlight.

Sports, Clubs, Competitions, Oh My! Ensuring Equal Opportunity to Extracurriculars for Students with Disabilities 

Bring on the extracurriculars! Educators, families, and students would likely agree – extracurricular activities are a significant part of education. Both the IDEA and Section 504 must provide students with disabilities an equal opportunity to participate in extracurricular activities.  

What does this mean for school districts? A guidance from the Department of Education gives us some insight. First off, school districts should avoid denying students with disabilities the opportunity to participate in or benefit from an aid, benefit, or service because of the student’s disability. Instead, school districts must afford students with disabilities an equal opportunity for participation in extracurricular services and activities.   Remember that Section 504 protects the rights of students with disabilities even if that student is not eligible for services under IDEA.

The post Sports, Clubs, Competitions, Oh My! Ensuring Equal Opportunity to Extracurriculars for Students with Disabilities  appeared first on Special Education Spotlight.

Virtual Training Solutions: T&H Title IX Sexual Harassment Training for K-12 Schools

Join Thompson & Horton’s experienced Title IX attorneys for a series of training sessions that will bring your K-12 Title IX sexual harassment team members, including coordinators, investigators, decision-makers, appellate decision-makers, and informal resolution facilitators, into compliance with the current Title IX sexual harassment regulations. These sessions are geared toward the K-12 Title IX professional who wants to brush up on the basics and then put that knowledge to the test with fast-paced, real-world exercises. Thompson & Horton’s Title IX sexual harassment training sessions provide the most up-to-date understanding of Title IX compliance in an engaging format.

Reserve your spot for our Spring 2023 training sessions here.

Thompson & Horton is pleased to offer the following sessions virtually via Zoom:

K-12 Title IX Coordinator Foundations & Practicum
November 1, 2022, 9:00 a.m. – 4:30 p.m. Central
February 6, 2023, 10:00 a.m. – 4:30 p.m. Central

K-12 Title IX Investigator Foundations & Practicum
October 11, 2022, 9:00 a.m. – 4:30 p.m. Central
February 27, 2023, 10:00 a.m. – 4:30 p.m. Central

K-12 Title IX Decision-Maker Foundations & Practicum
November 15, 2022 9:00 a.m. – 4:30 p.m. Central
March 27, 2023, 10:00 a.m. – 4:30 p.m. Central

K-12 Title IX Appeals Foundations & Practicum
December 6, 2022, 9:00 a.m. – 12:30 p.m. Central
April 17, 2022, 10:00 a.m. – 1:00 p.m. Central

K-12 Title IX Informal Resolution Foundations & Practicum
December 6, 2022, 1:00 p.m. – 4:30 p.m. Central
April 17, 2023, 1:30 p.m. – 4:30 p.m. Central

(All times are in Central Time.)

Keep reading for session descriptions and to register.

The post Virtual Training Solutions: T&H Title IX Sexual Harassment Training for K-12 Schools appeared first on Title IX Tips.

Virtual Training Solutions: T&H Title IX Sexual Harassment Training for Colleges and Universities

Join Thompson & Horton’s experienced Title IX attorneys for a series of training sessions that will bring your college or university’s Title IX sexual harassment team members, including coordinators, investigators, decision-makers, appellate decision-makers, and informal resolution facilitators, into compliance with the current Title IX sexual harassment regulations. These sessions are geared toward the college or university Title IX professional who wants to brush up on the basics and then put that knowledge to the test with fast-paced, real-world exercises. Thompson & Horton’s Title IX sexual harassment training sessions provide the most up-to-date understanding of Title IX compliance in an engaging format.

Reserve your spot for our Spring 2023 training sessions here. 

Thompson & Horton is pleased to offer the following sessions virtually via Zoom:

Higher Ed Title IX Investigator Foundations & Practicum
October 13, 2022, 9:00 a.m. – 4:30 p.m. Central
March 1, 2023, 10:00 a.m. – 4:30 p.m. Central

Higher Ed Title IX Coordinator Foundations & Practicum
November 3, 2022 9:00 a.m. – 4:30 p.m. Central
February 8, 2023, 10:00 a.m. – 4:30 p.m. Central

Higher Ed Title IX Decision-Maker Foundations & Practicum
November 17, 2022 9:00 a.m. – 4:30 p.m. Central
March 29, 2023, 10:00 a.m. – 4:30 p.m. Central

Higher Ed Title IX Appeals Foundations & Practicum
December 8, 2022 9:00 a.m. – 12:30 p.m. Central
April 19, 2022, 10:00 a.m. – 1:00 p.m. Central

Higher Ed Title IX Informal Resolution Foundations & Practicum
December 8, 2022 1:00 p.m. – 4:30 p.m. Central
April 19, 2023, 1:30 p.m. – 4:30 p.m. Central

Higher Ed Title IX Advisor Training
May 10, 2023, 9:00 a.m. – 4:30 p.m. Central

(All times are in Central Time.)

Keep reading for session descriptions and to register.

The post Virtual Training Solutions: T&H Title IX Sexual Harassment Training for Colleges and Universities appeared first on Title IX Tips.

LRE: Considerations for a More Restrictive Environment

Earlier this year the Fifth Circuit Court of Appeals issued an important decision in H.W. v. Comal Independent School District, 21-50838 (5th Cir. April 27, 2022). The decision offers helpful insight on the Least Restrictive Environment Mandate and on the appropriate considerations in making a removal to a more restrictive environment.

The post LRE: Considerations for a More Restrictive Environment appeared first on Special Education Spotlight.