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Access Schools addresses the specific needs of school-based speech-language pathologists. We hope this bimonthly update during the school year is informative, practical, and easy to use. This e-newsletter is designed to inform you of upcoming events and current trends to help you succeed in the schools.
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Headlines
- Supreme Court Rules for School Districts in Burden of Proof Case
On Monday, Nov. 14, 2005, the U. S. Supreme Court issued a decision in Schaffer v. Weast. Justice Sandra Day O'Connor wrote the decision and was joined by Stevens, Scalia, Kennedy, Souter, and Thomas. Justices Ginsberg and Breyer filed dissenting opinions. Chief Justice Roberts recused himself and did not take part in the case.
The majority held that, "The burden of proof in an administrative hearing challenging an IEP is properly placed upon the party seeking relief." In this case, that party is Brian, as represented by his parents. But the rule applies with equal effect to school districts: If they seek to challenge an IEP, they will in turn bear the burden of persuasion before an administrative law judge.
How Will This Affect You?The implications of this decision will vary around the country. In many jurisdictions, states are already operating under the rule that the moving party has the burden of proof. In these states, the decision should have no significant impact.
The decision will change the usual due process special education procedures in about half of the states. If the state did not have a preexisting state rule or regulation that assigned the burden of proof to the school district, the burden will be on the moving party. Read more about the decision.
- IDEA '04 Regulations Delayed
Although ED officials had hoped to release IDEA Part B regulations by December 2005, officials have recently indicated that the regulations could be delayed by the required review processes and interdepartmental communications. Continue to check ASHA's IDEA Information Center for further updates.
- President Bush Proposes Cuts to IDEA Personnel Development Funds
On Oct. 28, 2005, President Bush sent a letter to Congress seeking the "reallocation" of over $17.1 billion in federal funding for the Federal Emergency Management Agency's (FEMA) Disaster Relief Fund in response to Hurricane Katrina.
Among the programs targeted for the reallocation of funding was approximately $51 million from the Individuals with Disabilities Education Act (IDEA) State Personnel Development program that supports State Educational Agencies in reforming and improving their systems for personnel preparation and professional development in order to assist children with disabilities.
The State Personnel Development Grants were authorized when IDEA was signed into law in December 2004. The purpose of these grants is to support high-quality, intensive pre-service preparation and professional development for all personnel who work with children with disabilities. The grants are also designed to ensure that school personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible.
View President Bush's letter and his proposed reallocations [PDF].
- Education 2005: Year in Review
IDEA '04
IDEA '04 was signed into law in December 2004, although many of its provisions did not take effect until July, 2005. The release date for the final regulations is not anticipated until summer, 2006.
No Child Left Behind (NCLB)
Since NCLB is set to expire in 2007, ASHA has begun preparations in advance of the actual reauthorization process. ASHA members can expect to be asked to review and comment on certain provisions of the law and may be asked to participate in hearings to examine various aspects of the proposed reauthorization.
- Federal Education Funding Projections: 2006
Education Appropriations Budget
HR 3010, the Departments of Labor, HHS, and Education Appropriations for fiscal year 2006 bill, was signed into law by President Bush on Dec. 30, 2005. The total education funding is $55.9 billion dollars, 1.2% below fiscal year 2004 total spending.
IDEA '04
IDEA, funded at $10.7 billion was given the smallest increase in a decade with the federal commitment for IDEA '04 reduced from 18.6% to 18%.
Title 1 and Early Reading First Grants
Title 1 grants to states funded at $12.8 billion, represents less than a 1% increase in funding and the smallest increase in funding since President Bush took office. Only Early Reading and Reading First grants were level-funded for 2006.
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Featured Question - What changes in IDEA '04 will affect evaluation procedures for English Language Learner (ELL) students?
English Language Learners, Minority Students, and Over-identification in IDEA '04 (member benefit)
Intervention with Multicultural Populations (member benefit)
Fast Facts - Frequently Asked Questions (member benefit)
Ethics of Assessment (member benefit)
Code of Fair Testing Practices in Education
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Upcoming ASHA EventsSchools 2006 Conference
The ASHA conference that's all about speech-language pathology in schools. Mark your calendar and watch our web site for program information! Now open the Schools 2006 Call for Posters! Submit today!
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Live and self-study programs offered in a wide variety of formats and subject matter.
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AnnouncementsWhat's new on ASHA's Web site?
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Feedback Needed
Are you implementing a workload model in your school or district? If so, we'd love to hear from you! Send your information to: AccessSchools@asha.org to be included in ASHA's Local District Workload Activity Chart (member benefit)
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Next issue of Access Schools coming in March 2006!
Address comments and suggestions for future topics, information or resources to AccessSchools@asha.org.
ASHA Take Action | SLPs in Schools (a Member Benefit) | ASHA Online Journals | DIV 1 - Language Learning & Education | DIV 16 - School-Based Issues
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