According to 2022 fiscal year data, 38 states, territories, and the District of Columbia were categorized as “needs assistance” with regard to implementing special education requirements and improving student outcomes  for students ages 3-21 during the year evaluated or for two or more consecutive years. On June 21st, the U.S. Department of Education (USDE) released a list of state determinations. The previous year’s “needs assistance”  number was 35.

Twenty states and the Republic of the Marshall Islands earned the highest rating of “meets requirements.” No state fell into the lowest-performing category of “needs substantial intervention.” The Bureau of Indian Education received a rating of “needs intervention,” which is the next-to-last category.

According to The Advocacy Institute, a nonprofit organization that tracks IDEA state determinations, only six states — Kansas, Massachusetts, Minnesota, Missouri, Pennsylvania and Wisconsin — have been rated as “meets requirements” each year since 2014.

As reported by K-12 Dive, for 2025 and beyond the USDE is considering three updates related to IDEA Part B determinations as part of efforts to “incorporate equity and improve results for children with disabilities.” These new provisions could include:
–Whether a state would be prohibited from attaining “meets requirements” if OSEP had identified long-standing noncompliance for at least three or more years.
–Additional factors for improvement in proficiency rates on regular and alternate statewide assessments. 
–Whether and how to continue including NAEP participation and proficiency in the state determinations. 

Additionally, the USDE is looking at two adjustments in IDEA Part C determinations. One would factor in long-standing noncompliance. The other concerns whether and how to consider certain data on results for child outcomes.

For more from K-12 Dive, click here.

According to a new set of resources issued on June 20, 2024 the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR), medical conditions such as sickle cell disease, epilepsy, and cancer could trigger protections in K-12 and postsecondary schools under Section 504 of the Rehabilitation Act of 1973, which protects people against disability discrimination. Some of the accommodations listed in the new resources include allowing students with cancer to consume food and water during classes and excusing students with sickle cell disease from class to go to medical appointments. In addition, students experiencing a seizure may have a sudden onset of emotions or display repetitive behaviors, such as twitches and mouth movements.

The new set of USDE resources follow OCR’s February release of guidance for civil rights protections for students with asthma, diabetes, food allergies, and gastroesophageal reflux disease (GERD) or gastroesophageal reflux (GER). Schools could face an OCR investigation if there is a complaint that these rights are being violated.

OCR is responsible for enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color or national origin.

For more from K-12 Dive, click here.

Today, June 20, 2024, the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR) released three new resources with information for students, parents and families, and schools addressing the civil rights of students with sickle cell disease, epilepsy, and cancer. OCR issued these resources during a month that marks both World Sickle Cell Day and National Black Family Cancer Awareness Week.

The resources inform students with disabilities, and their families and schools, about relevant legal rights under Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination against students with disabilities by institutions that accept federal financial assistance, which includes almost all public schools and public and private institutions of higher education. These new resources, which are applicable to all levels of education, explain when these medical conditions trigger protections under Section 504, what kind of modifications an educational institution may need to take to avoid unlawful discrimination, and what an institution may need to do to remedy past discrimination.

OCR is also responsible for enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin. According to the Centers for Disease Control and Prevention, more than 90% of people with sickle cell disease in the United States are Black; Black Americans are more likely than White and Hispanic Americans to have active epilepsy (e.g., having one or more seizures in the past year and/or taking medication to control it); and, compared to other racial and ethnic groups, Black Americans have higher rates of getting and dying from many kinds of cancer. OCR enforces all the laws in its jurisdiction when they apply to cases OCR investigates.

“These new resources will give all students experiencing sickle cell disease, epilepsy, or cancer, as well as their families and schools, important tools to understand when and how they are protected by federal disability rights laws,” said Assistant Secretary for Civil Rights Catherine E. Lhamon.

The new resources regarding sickle cell disease, epilepsy, and cancer are available on the OCR website by clicking here.