On July 24, 2023, the U.S. Department of Educationâs Office of Special Education Programs (OSEP) released updated policy guidance, which takes immediate effect, to ensure and strengthen the rights and protections guaranteed to children with disabilities and their families under the Individuals with Disabilities Education Act (IDEA).
To View the updated policy guidance from OSEP, click here.
On June 28, 2023, the PA Department of Education (PDE) announced that the United States Department of Agriculture (USDA) recently released federal income eligibility guidelines for free and reduced-price school meals and free milk for July 1, 2023 through June 30, 2024.
Schools, and other institutions and facilities, use the guidelines to determine eligibility for the National School Lunch Program (NSLP), the School Breakfast Program, the Special Milk Program for Children, the Child and Adult Care Food Program, and the Summer Food Service Program.
âFree and reduced-price meals ensure at-risk students have access to nutritious food, enabling them to focus in the classroom and learn, grow, and achieve,â said Secretary of Education Dr. Khalid N. Mumin. âWe know that food insecurity impacts communities across the Commonwealth and beyond, and the Department of Education encourages all eligible households to apply for this benefit.â
To apply, households receiving benefits from the Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) need only include the SNAP or TANF case number on their application. Households enrolled in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) or Medicaid may qualify for free or reduced-price school meals based on income and should complete a Household Meal Benefit Application. Other households can find more information on the commonwealthâs COMPASS website.
In accordance with federal civil rights law and USDA civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDAâs TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online, from any USDA office by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainantâs name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
Mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
Fax:
(833) 256-1665 or (202) 690-7442; or
Email:
[email protected]
Annual income eligibility guidelines that became effective July 1, 2023 are in effect until further notice and can be accessed by clicking here.
On June 26, 2023 the U.S. Supreme Court (Court) decided not to hear Charter Day School, Inc. v. Peltier, a case that initially arose in 2016 after parents at a North Carolina charter school challenged a uniform policy preventing girls from wearing shorts or pants. They claimed the policy, which required girls to wear skirts, was sex discrimination and in violation of Title IX. The Court’s decision is in line with a May 2023 amicus brief filed by the US Department of Justice (DOJ), which requested that the Court not hear the case.
In a press release later that day, Nina Rees, President and CEO of the National Alliance for Public Charter Schools, stated âWe are pleased that the Supreme Court has declined to hear the case, allowing the Fourth Circuitâs decision to stand. Charter schools are public schools and are, in fact, state actors for the purposes of protecting studentsâ federal constitutional rights. In essence, the Court’s decision to not hear the case avoids making a determination as to whether private entities authorized by the state to operate a public charter school are state actors subject to federal constitutional requirements. Thus, the court of appeals’ decision â that CDS is a state actor when it enforces its student dress code and the enforcement of its student dress code is state action â remains intact.
During the week of July 10, 2023 Sen. Chris Van Hollen and Rep. Jared Huffman plan to re-introduce the IDEA Full Funding Act. NAPSA, PAPSA’s parent organization, is endorsing the Act via a joint letter that will be sent to both chambers of Congress. The only changes from the bill last Congress are an updated 10-year glidepath and the House bill text contains a section consistent with the CUTGO rule in effect this Congress. Rep. Huffman’s office has circulated a Dear Colleague letter (DCL) seeking co-sponsorship and the House bill is expected to be bipartisan again.
In efforts to address barriers for students with disabilities, fix outdated language and align with civil rights laws the US Department of Education (USDE) is expected to publish a proposed Section 504 rule update in August 2023. According to a Spring 2023 announcement, the update is aimed at bringing clarity to how Section 504 accommodations for students with disabilities aligns with the civil rights protections under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA).
The update is expected to provide update outdated language and needed guidance for K-12 school districts and colleges regarding regulations for Section 504 of the Rehabilitation Act of 1973, which have remained relatively unchanged since their inception.
A according to an annual report, in FY 2022, the USDEâs Office for Civil Rights (OCR) received 6,467 complaints regarding Section 504 and ADA Title II issues and it resolved 5,187 of those complaints. Most of the complaints (3,363) centered on issues around free appropriate public education (FAPE). In addition to an informal request for public comments, the USDE held listening sessions to gather feedback regarding the proposed rules.
For more from K-12 Dive click here.