Three New Federal Guidance Letters Regarding Students with Disabilities

Washington Office of Superintendent of Public Instruction sent this bulletin at 08/18/2016 08:54 AM PDT

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Three New Federal Guidance Letters Regarding Students with Disabilities 

Section 504 & ADHD 

On July 27, 2016, the U.S. Department of Education Office for Civil Rights (OCR) issued a Dear Colleague Letter and Resource Guide (and accompanying Know Your Rights) clarifying the obligation of schools to provide students with attention-deficit/hyperactivity disorder (ADHD) with equal educational opportunity under Section 504. This document is a must-read for Section 504 coordinators, school counselors, and other building staff who commonly serve on 504 teams. 

OCR noted common noncompliance issues that arise in schools:

  • failing to identify and refer students for evaluations to determine whether the student has a disability and needs accommodations, aids or services;
  • not evaluating students a timely manner once staff know or suspect that a student has a disability and as a result might need accommodations, aids, or services;
  • conducting inadequate evaluations of students;
  • making inappropriate decisions about special education, accommodations, aids, and services the student needs—and the appropriate setting in which to receive those services—based on a misunderstanding of ADHD and the requirements of Section 504;
  • failing to distribute relevant documentation, including 504 plans, to appropriate staff; or
  • considering inappropriate administrative and financial burdens in selecting and providing appropriate related aids and services.

Related OSPI Resources:

Behavior and Students with Disabilities

On August 1, 2016, the U.S. Department of Education issued guidance in a Dear Colleague Letter (and accompanying summary) to underscore that schools must provide positive behavioral supports to students with disabilities who need them. The guidance makes clear that a school’s failure to meet this obligation is likely to result in denial of a free appropriate public education (FAPE). Pointedly, the guidance specifically calls out the improper practice of interpreting the first 10 days of suspension for a student with disabilities as “free days.”

Data indicate students with disabilities are disciplined at far higher rates than their non-disabled peers. The guidance includes a number of valuable resources, including two resource documents to assist teachers and school with classroom management strategies and assist schools in implementing school wide behavioral efforts to create safe and effective learning environments for all students.

Please note that the U.S. Department of Education has also made updates to its school discipline webpage, #Rethink Discipline. This online tool contains data, graphics, and other information on the prevalence, impact, and legal implications of suspensions and expulsions; disproportionality in school discipline practices; resources on effective discipline strategies; and ways to effectively create positive school climates.

Related OSPI Resources:

Virtual Schools and Students with Disabilities

On August 5, 2016, the U.S. Department of Education, Office for Special Education and Rehabilitative Services (OSERS), issued a Dear Colleague Letter on the education of students with disabilities in internet-based or online instruction. Specifically, the guidance clarifies some of the critical requirements in Part B of IDEA that apply to virtual schools.

The guidance highlights that the educational rights and protections afforded to children with disabilities and their parents under IDEA must not be diminished or compromised when children with disabilities attend virtual schools. 

Related OSPI Resources: