On July 23, the United States Commission on Civil Rights (USCCR) released a report titled “Beyond Suspensions: Examining School Discipline Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities.” The report notes that students of color and students with disabilities are disproportionately subjected to suspension. Additionally, it notes that few empirical studies have evaluated the intersection of race and disability when it comes to discipline. Recommendations include continued guidance and enforcement from the Department of Education’s Office of Civil Rights (OCR) and Congressional appropriations to help states and school districts train and support teachers and provide an adequate number of counselors and social workers in all schools.
The National Center for Learning Disabilities (NCLD) released a report titled Inclusive Technology in a 21st Century Learning System. The report proposes a framework for considering the needs of students with disabilities in the vision, design procurement, use, and continuous improvement of education technology. Learn more about the report.
On June 18, the Government Accountability Office (GAO) released a report detailing the underreporting of restraint and seclusion in public schools. According to the report, 70 percent of the nation’s school districts reported zero incidents of restraint or seclusion during the 2015-2016 school year. However, closer analysis found many school districts are recording zero when data is not collected or is collected improperly. The report concludes with recommendations for the Department of Education to improve accuracy in data collection and reporting.
On June 4, Representatives Suzanne Bonamici (D-OR), Larry Bucshon (R-IN), Cathy McMorris Rodgers (R-WA), and Kim Schrier (D-WA) introduced the Respond, Innovate, Succeed, and Empower (RISE) Act (H.R.3086). The Senate version, S.1585, was introduced in late May. This bill would require institutions of higher education to accept a student’s individualized education plan (IEP), 504 plan, or prior evaluation as sufficient proof of disability. Additionally, it requires institutions to provide transparent information regarding the process of determining eligibility for disability services and to disseminate the information in an accessible format. It also requires institutions to report information on the number of students with disabilities served, their outcomes, and the accommodations provided. The Arc supports this legislation.
The Southern Poverty Law Center (SPLC) has released a report on the continued use of corporal punishment in public schools. The report found that over half of schools that still use corporal punishment use it disproportionately on students with disabilities. Furthermore, the report found that black boys were almost twice as likely as white boys to be subject to corporal punishment and black girls were nearly three times as likely as white girls. Recommendations include banning corporal punishment in public schools and replacing it with evidence-based practices such as positive behavioral supports.
On May 22, Senators Bob Casey (D-PA), Bill Cassidy (R-LA), Maggie Hassan (D-NH), and Todd Young (R-IN) introduced the Respond, Innovate, Succeed, and Empower (RISE) Act (S.1585). This bill would require institutions of higher education to accept a student’s individualized education plan (IEP), 504 plan, or prior evaluation as sufficient proof of disability. Additionally, it requires institutions to provide transparent information regarding the process of determining eligibility for disability services and to disseminate the information in an accessible format. It also requires institutions to report information on the number of students with disabilities served, their outcomes, and the accommodations provided. The Arc supports this legislation.
May 17, 2019 marked the 65th Anniversary of Brown v. Board of Education, the 1954 Supreme Court Case that held public school segregation based on race was unconstitutional. In light of this anniversary, the Government Accountability Office (GAO) published a blog post discussing three recent reports on disparities that still exist in education. The first report noted the rise in the percentage of schools where 75% or more of the students were black or Hispanic and eligible for free or reduced-price lunch. The second report discusses the disproportionate use of discipline against black students, boys, and students with disabilities. The third report discusses the limited course offerings at high-poverty schools.
On April 18, the Learning Policy Institute (LPI) released a report titled “Protecting Students’ Civil Rights: The Federal Role in School Discipline.” The report discusses the negative impacts of zero-tolerance policies and discrimination in discipline. It notes guidance documents and regulations the Trump administration has targeted for elimination, such as the discipline guidance and the significant disproportionality rule. Additionally, the report discusses strategies to reduce the use of exclusionary discipline, such as teaching social-emotional skills.
The Government Accountability Office (GAO) recently released a report documenting the differences between states in rates of eligibility for services under the Individuals with Disabilities Education Act (IDEA). Eligibility for services for children ages 6 through 21 varied from 6.4% to 15.1%. The report attributed this variation to the flexibility provided to states by law. IDEA requires states to create their own policies and procedures for identifying children eligible for services. Additionally, the law allows states to adopt criteria for disability classification that are broader than the federal minimum. The report also notes that some school districts have difficulty identifying English language learners with disabilities due to a lack of staff who are fluent in the student’s native language.
Senator Chris Van Hollen (D-MD) and Representative Susie Lee (D-NV), along with 11 original Senate co-sponsors and 16 original House co-sponsors, introduced the Keep Our Promise to America’s Children and Teachers (PACT) Act (S.1172/H.R.2315). This bill gradually increases funding for Title I of the Elementary and Secondary Education Act (ESEA) and special education (Part B, the State Grant Program) under the Individuals with Disabilities Education Act (IDEA) until both are funded at authorization levels. Title I of the ESEA provides funding to school districts with high percentages of low income children. The Arc supports the Keep Our PACT Act.