Endrew F. Decision Eliminates "Merely more than De Minimis" Standard
In an 8-0 decision handed down this morning, the Supreme Court struck down the Tenth Circuit's application of the "merely more than de minimis" standard when assessing whether a child with a disability has been provided a Free Appropriate Public Education under the IDEA. "It cannot be right that the IDEA generally contemplates grade-level advancement for children with disabilities who are fully integrated in the regular classroom, but is satisfied with barely more than de min
The "Mess" in Texas Special Education Part 2: Where Are We Now?
Thanks to some poor decisions at both the state and local level, students with disabilities in Texas find themselves under-identified, underserved, underfunded and underachieving. Enabled Advocacy has joined a growing number of parents, teachers, advocates and disability organizations across Texas to form the Texans for Special Education Reform (TxSER). With the 85th session of the Texas Legislature now underway, we have the opportunity to strongly encourage lawmakers to affe
Reviewing the FIE: A Crash Course in Assessments, Acronyms and the Bell Curve
The Full and Individual Evaluation (FIE) report is arguably the most important element in the Special Education process. It is central to determining eligibility, calculating present levels of academic and functional performance (PLAAFP) and developing the Individualized Education Program (IEP). The Individuals with Disabilities Education Act (IDEA) requires such evaluations be comprehensive which means they must: assess the child in all areas related to the suspected disabil
The 411 on the IEP
I'm sure you are familiar with the old parental lament, "If only kids came with an instruction manual!" Wishful thinking, right? Or is it? What if parents could work together with a team of experts to develop such a manual for their child? They could review the child's strengths and weaknesses, the parent's concerns, and the child's needs and formulate a plan, including instructions, to enable the child to be successful. Sounds pretty good, doesn't it? Well, that's the genera
Parent Advocate: Checking YOUR Baggage at the Door
When we first become parents, we cannot help but reflect on our own childhood. It is, after all, our only real frame of reference. We remember all the happy times and look forward to continuing those traditions or sharing similar experiences with our children. We also recall our more painful and unpleasant experiences, our mistakes and regrets (come on, we all have them) and silently vow to never let such things happen to our kids. This is just some of the "baggage" all paren
Who's In Charge Here? Looking Behind the Curtain in Special Education Matters
Let's say you have a daughter named Dorothy. Dorothy is (ahem) 9 years old and has recently been evaluated for special education and related services for her ADHD and high functioning autism. A few days later, you receive your club Welcome Packet and official "Team Dorothy" jersey!! Ok, maybe not. Instead, you receive a rather legal looking notice from the school district summarizing the results of the evaluation and inviting you to attend a team meeting to review the evalua
The Theory of Eligibility or E = Qualifying Disability + Educational Need²(?)
In order to better explain the Special Education eligibility evaluation and determination process, I thought it best to break things down into a series of questions and answers. Hopefully, it makes sense to everyone. QUESTION 1: WHO IS ELIGIBLE TO RECEIVE SPECIAL EDUCATION SERVICES UNDER THE IDEA? In order for a child to receive special education services under the IDEA, he/she must have one or more of the qualifying disabilities listed in the statute Section 1401 AND as a re
