Category: News

Unanimous Decision: Supreme Court Rules Against District in Landmark Special Ed. Case (March 22, 2023)

On March 21, 2023, the U.S. Supreme Court, in a rare unanimous decision, ruled that a deaf student can sue his school for its failure to provide him with a free appropriate public education (FAPE).

In the case, Perez v. Sturgis Public Schools, instead of providing the student (Perez) with aides able to translate class material into sign language, as promised, the aides were not trained in sign language at all, and often were absent from classes.

Further, because the student received better than passing grades (As and Bs) on report cards, his parents reasonably thought he was on track to graduate. However, near the end of his senior year in high school, the parents learned that he would instead be receiving a certificate of completion and not a diploma. The parents filed a complaint with the state, and the school district settled the case, agreeing to pay for future training at the Michigan School for the Deaf.

Consequently, the student pursued compensation for past damages, including loss of income and emotional distress, under the Americans with Disabilities Act (ADA), which bars discrimination against those with disabilities. That lawsuit ultimately compelled the Supreme Court to determine whether the student could sue for past damages under a different statute, since the first suit was under the Individuals with Disabilities Education Act (IDEA) and the subsequent suit was under the ADA. The unanimous decision provided a resounding affirmative answer to that question.

The result is that an Americans with Disabilities Act (ADA) lawsuit seeking compensatory damages for the denial of a free and appropriate education (FAPE) may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

Click here to read the SCOTUS Blog.

Read the full K-12 Dive article by clicking here.

Read an article from NPR by clicking here.

PDE: $1.5 Million in Grants Now Available for IHEs to Attract More Special Ed. Teachers March 22, 2023)

According to PennWatch, on March 21, 2023, the Pennsylvania Department of Education (PDE) announced $1.5 million in grant funding is being made available to institutions of higher education (IHE) that partner with school districts to expedite the process to become a special education teacher.

The Accelerated Program for PK-12 Special Education Teacher Certification will provide grants to IHEs that have approved PK-12 special education certification programs and who partner with at least one LEA to provide those who currently hold bachelorā€™s degrees with summer field experiences, mentoring by experienced special educators during the school year, and deliver a postbaccalaureate program for PK-12 special education teacher certification within 18 months.

Programs must offer most of the coursework during summer 2023 and summer 2024; provide a combination of in-person and virtual options for flexibility and support to the accelerated program participants working full-time; and ensure a minimum of 12 weeks of student teaching.

The maximum grant award for an IHE is $100,000. Grant funds will be available through December 31, 2024.

Interested IHEs must apply by April 7, 2023 through the Attract-Prepare-Retain (APR) Repository.

A webinar will be held today (3/22/23) from 12:00 PM ā€“ 1:00 PM. Sessions will be recorded and made available on the APR Repository for those unable to atttend.

Source: PennWatch.

To read the full PennWatch article, click here.

Bills to Require AEDs and CPR Training in Schools Introduced in PA Senate (March 19, 2023)

On March 16, 2023 two bills, Senate Bill 512 and Senate Bill 513, were introduced in the PA Senate that would require that each school, as well as other places where school activities occur, have at least one centrally located Automated External Defibrillator (AED).

The proposed legislation would also require all coaches in after-school programs to be certified to perform CPR and that schools must have emergency response teams and response plans for a sudden cardiac arrest. Click here for full article from the Philadelphia Inquirer.

USDE Dear Colleague Letter Addresses Use of Perkins Funds (March 15, 2023)

On March 15, 2023, a ā€œDear Colleague Letter (DCL),ā€ was issued by Assistant Secretary for Career, Technical, and Adult Education Amy Loyd, that addresses how Perkins funds can be used to tackle our nationā€™s teacher shortage.

Among other things, the DCL describes allowable activities and strategies for which the $1.43 billion appropriated each year through the Carl D. Perkins Career and Technical Education Act of 2006, as amended by the Strengthening Career and Technical Education for the 21st Century Act (Perkins V), may be used to improve the recruitment and preparation of future CTE educators, as well as educators that teach other subjects. This letter is posted to the Departmentā€™s Website at: https://www2.ed.gov/about/offices/list/ovae/pi/cte/perkins-educator-prep.pdf, on the Perkins Collaborative Resource Network (PCRN) at: https://www.ed.gov, and on the PAPSA website at https://papsa-web.org/wp-content/uploads/DCL-Perkins-and-Educator-Preparation-3-15-23.pdf. As Assistant Secretary Loyd states in the letter that, ā€œJust as CTE has risen to address other workforce challenges, we too must respond to the workforce shortages that we now see within our own industry. We look forward to working with you to address and overcome these challenges.”

PDE: More Than 23 Million Breakfasts Served To Students Through The Free School Breakfast Program (March 15, 2023)

On March 15, 2023, the Pennsylvania Department of Education (PDE) announced that since its implementation, the Free School Breakfast Program has served more than 23 million breakfasts to students across the Commonwealth.
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“Research shows that when students get proper nutrition, they are both physically and mentally prepared to learn and therefore, perform better in school,” said Acting Secretary of Education Dr. Khalid N. Mumin. “By continuing to offer free breakfast to all students, we are fueling healthy minds and bodies while reducing stigma related to food insecurity in our schools.”
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Last week in his budget address, Governor Josh Shapiro highlighted the importance of the program and proposed $38.5 million in funding to continue providing universal free breakfast through the 2023-24 school year. Rather than a one-time influx, Governor Shapiro’s proposal provides ongoing, sustainable state funding for free breakfast in the years to come, because students learn and grow better on a full stomach. The Governor’s budget proposal would also allow students who qualify for reduced meals to receive lunch at no cost.
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Under the program, PDE will use the existing meal reimbursement program to pay schools for the difference between the free federal reimbursement and paid or reduced-price meal reimbursement so that no student has an out-of-pocket cost for a reimbursable breakfast and students eligible for reduced lunch can receive a school lunch at no cost to their families. Reimbursement applies only to standard breakfast and lunch served at schools participating in the National School Lunch Program and School Breakfast Program.

Interested schools that do not currently participate in the National School Lunch and School Breakfast programs can find information for applying onĀ PDE’s website.
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The Free School Breakfast Program ensures that all students have access to a healthy, nutritious meal to start the school day and eliminates the stigma associated with free and reduced-price breakfast that may deter eligible students from participating.

On average, more than 455,000 free breakfasts are served each day in Pennsylvania schools. There are 3,129 schools that participate in the program, serving more than 1.6 million students. Since the program began, school breakfast participation is up overall, with participation doubling among students who would usually have to pay full price.

According to theĀ School Nutrition Association, students who eat breakfast are more likely to reach higher levels of achievement in reading and math, score higher on standardized tests, have better concentration and memory, and be more alert and maintain a healthy weight.