New York Education Law Blog

There will not be easier testing for New York children in grades 4-8. Several weeks ago, the U.S. Department of Education rejected a request by the New York Education Department that would have allowed some students with disabilities to advance if they passed tests showing mastery of curriculum that was up to two levels below their actual grades.

We wrote about this idea in a post in November. We noted at the time that state officials made the waiver request over the objections of school leaders in New York City and special education advocates. Their main complaint was that the lowered expectations in such out-of-level testing would do the students more harm than good, representing an erosion of rights guaranteed by law.

Every industry has its jargon. Education is no exception. Many is the kindergarten parent, we're sure, who heard at their first parent-teacher meeting that their child was "very social." What does that mean? Is my child gregarious and outgoing (something I might consider a good thing)? Or does it mean the child never shuts up (something less than ideal)?

Another term that has been around since the 1990s but which might be new to many parents is twice exceptional, commonly abbreviated as 2e. On the face of it, this sounds special. In reality, it can mean that your child is in for some significant challenges as he or she works through their school years unless the 2e-ness is identified, acknowledged and accommodated by educators. Each step has its particular hurdles and may require special advocacy efforts to see that education law requirements are fulfilled.

The Education Department announced that it has scrapped 72 documents that provide policy guidelines for working with special needs students and students with disabilities. The documents included guidelines for the rights of special-needs students under the Individuals with Disabilities Education Act and the Rehabilitation Act.

The documents were apparently cut as part of the Trump administration's efforts to curb what it deems superfluous regulations. The Education Department states that the rescinded documents were unnecessary and did not reflect current regulations.

Charter schools are public schools. They may have somewhat different programs or a specific focus that traditional schools do not, but they still have to comply with the same legal rules. That means they have to comply with the Individuals with Disabilities Education Act, Section 504, the Americans With Disabilities Act and other state and federal civil rights laws.

You may have noticed that charter schools often have strict rules of conduct, require uniforms, and have other differences from ordinary public schools. In the past, that has sometimes resulted in non-compliant kids being "counseled out," or discouraged from attending. In some cases, these included children with disabilities or learning issues. The law is very clear; counseling out kids with disabilities is unlawful. If your child has a disability, they still have every right to attend any charter school they otherwise qualify to attend.