Cases involving IDEA typically begin or end with the issuance of a prior written notice; either the school district has refused to initiate a service or proposed it, and parents disagree. Last week, the Ninth Circuit expanded this traditional framework. In Compton Unified School District v. Starvenia Addison, a parent sued the school district seeking compensatory services because she alleged the district should have known her daughter, Addison, was eligible under IDEA, long before it found her eligible. The facts, as alleged, are disturbing. While in high school, Addison failed all of her classes, played with crayons at her desk, played with dolls and urinated on herself. Still, the district continued to promote her from grade to grade. As the Court explained, “Addison’s mother was reluctant to have her ‘looked at,’ and School District officials decided not to ‘push.’” Finally, Addison’s mother requested an evaluation. The district granted her request, and the team found her eligible.
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Yesterday, the U.S. Department of Education (Department) announced Delaware and Tennessee as the first states to receive Race to the Top grants. As part of the American Recovery and Reinvestment Act of 2009, the $4 billion Race to the Top program (RTTT) seeks to provide states with funding to implement education reforms in four key areas:• Adopting standards and assessments that prepare students to succeed in college and the workplace;• Building data systems that measure student growth and success, and inform teachers and principals how to improve instruction;• Recruiting, developing, rewarding, and retaining effective teachers and principals, especially where they are needed most; and• Turning around their lowest-performing schools.
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This week, Alexa Posny, Assistant Secretary, Office of Sp
ecial Education and Rehabilitative Services (OSERS) testified to the House of Representatives Labor HHS and Education Subcommittee Appropriations Subcommittee about the Department’s FY 2011 budget request for OSERS programs for students and adults with disabilities. Dr. Posny was part of a panel called before the subcommittee to address Jobs, Training and Education. The panel also included administration representatives from the Department of Labor and Martha Kanter, Under Secretary of Education. Dr. Posny’s testimony presented the Administration’s justification for its budget request, mostly relying on ARRA funds to justify its recommendation to flat fund IDEA. This year, despite requests for large increases in other areas of education, the Administration is recommending level funding of IDEA at 17% of full funding, level funding of Section 619 and Part C, and a slight increase to $3.6 billion for Vocational Rehabilitation. Dr. Posny directed her comments to employing individuals with disabilities and highlighted some discouraging statistics which indicate that in times of economic crisis individuals with disabilities take much longer than others to find employment. As Dr. Posny stated, “the eventual re-employment of individuals with disabilities substantially lags overall employment recovery when the economy improves.”
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