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What: Today, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance through Dear Colleague Letters to elementary and secondary schools and institutions of higher education along with a Frequently Asked Questions document on the legal obligation to provide students with disabilities an equal opportunity to enjoy the benefits of technology. This guidance is a critical step in the Department’s ongoing efforts to ensure that students with disabilities receive equal access to the educational benefits and services provided by their schools, colleges and universities. All students, including those with disabilities, must have the tools needed to obtain a world-class education that prepares them for success in college and careers. Today’s guidance provides information to schools about their responsibilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. The guidance supplements a June 2010 letter issued jointly by OCR and the Civil Rights Division of the U.S. Department of Justice. The June letter explains that technological devices must be accessible to students with disabilities, including students who are blind or have low vision, unless the benefits of the technology are provided equally through other means. Today’s guidance highlights what educational institutions need to know and take into consideration in order to ensure that students with disabilities enjoy equal access when information and resources are provided through technology. “Technology can be a critical investment in enhancing educational opportunities for all students,” said Russlynn Ali, assistant secretary for civil rights. “The Department is firmly committed to ensuring that schools provide students with disabilities equal access to the benefits of technological advances.” Today’s guidance is part of a larger effort by the Department and Obama administration to better serve the needs of people with disabilities. Last month, U.S. Secretary of Education Arne Duncan joined Kareem Dale, associate director for the White House Office of Public Engagement and special assistant to the President for disability policy, for a conference call with stakeholders to talk about some of the Department’s efforts. During the call, Duncan discussed the Department’s commitment to maintaining accountability in No Child Left Behind for all subgroups, including students with disabilities, and highlighted the Department’s proposal to increase funding for students with disabilities in the fiscal year 2012 budget. Ali will also join Dale for a stakeholder conference call where she will discuss today’s guidance and address the Department’s work to ensure that all schools are fulfilling their responsibilities under the federal disability laws that OCR enforces.

Today, the Department of Education announced new steps to help close the achievement gap for students with disabilities by moving away from a one-size-fits-all, compliance-focused approach to a more balanced system that looks at how well students are being educated in addition to continued efforts to protect their rights. While the Department has effectively ensured access to educational resources for students with disabilities, not enough attention has been paid to educational outcomes, which have not sufficiently improved. This is partly due to the fact that federal policy has focused more on procedural requirements and not enough on critical indicators like increasing academic performance or graduation rates for students with disabilities.

Today, the Department of Education announced new steps to help close the achievement gap for students with disabilities by moving away from a one-size-fits-all, compliance-focused approach to a more balanced system that looks at how well students are being educated in addition to continued efforts to protect their rights.

Since the current process of conducting on-site state compliance reviews has not focused enough on improving student outcomes, the Department will not be carrying out the visits scheduled for the 2012-13 school year to allow it time to develop a new and more effective system. However, the Department will continue to review annual performance reports as well as monitor state supervision systems.

The U.S. Department of Education has released a free, two-part training toolkit designed to reduce incidents of bullying, for use by classroom teachers and educators. The toolkit was developed by the Safe and Supportive Schools Technical Assistance Center, supported by the U.S. Department of Education’s Office of Safe and Healthy Students, in collaboration with the NEA and the American Federation of Teachers.

An effort by the Obama administration to overhaul the troubled federal agency that is responsible for the education of tens of thousands of American Indian children is getting major pushback from some tribal leaders and educators, who see the plan as an infringement on their sovereignty and a one-size-fits-all approach that will fail to improve student achievement in Indian Country. As Barack Obama makes his first visit to Indian Country as president this week, the federal Bureau of Indian Education—which directly operates 57 schools for Native Americans and oversees 126 others run by tribes under contract with the agency—is moving ahead with plans to remake itself into an entity akin to a state department of education that would focus on improving services for tribally operated schools. A revamped BIE, as envisioned in the proposal, would eventually give up direct operations of schools and push for a menu of education reforms that is strikingly similar to some championed in initiatives such as Race to the Top, including competitive-grant funding to entice tribal schools to adopt teacher-evaluation systems that are linked to student performance. The proposed reorganization of the BIE comes after years of scathing reports from watchdog groups, including the U.S. Government Accountability Office, and chronic complaints from tribal educators about the agency’s financial and academic mismanagement and failure to advocate more effectively for the needs of schools that serve Native American students. It also comes a year after U.S. Secretary of the Interior Sally Jewell called the federally funded Indian education system “an embarrassment.” The BIE is overseen by the Bureau of Indian Affairs, which is housed within the U.S. Interior Department. Pushback From Tribes The proposal, released in April, was drafted by a seven-person “study group” appointed jointly by Ms. Jewell and U.S. Secretary of Education Arne Duncan. Five of the panel’s members currently serve in the Obama administration. Some of the nation’s largest tribes, however, are staunchly opposed to the proposal, including the 16 tribes that make up the Great Plains Tribal Chairmans Association, which represents tribal leaders in South Dakota, North Dakota, and Nebraska. “It’s time for us to decide what our children will learn and how they will learn it because [BIE] has been a failure so far,” Bryan V. Brewer, the chairman of the 40,000-member Oglala Sioux tribe in Pine Ridge, S.D., said last month in a congressional hearing on the BIE. In the same hearing before the U.S. Senate Committee on Indian Affairs, Charles M. Roessel, the director of the BIE and a member of the panel that drafted the plan, said the agency’s reorganization “would allow the BIE to achieve improved results in the form of higher student scores, improved school operations, and increased tribal control over schools.” (Despite multiple requests from Education Week, the BIE did not make Mr. Roessel or any other agency official available for an interview.)

The U.S. Department of Education has proposed regulations, published today, to transition away from the so-called "2 percent rule," thus emphasizing the Department’s commitment to holding all students to high standards that better prepare them for college and career. Under the existing regulations, States have been allowed to develop alternate assessments aligned to modified academic achievement standards (AA-MAAS) for some students with disabilities and use the results of those assessments for accountability purposes under Title I of the Elementary and Secondary Education Act and the Individuals with Disabilities Education Act. In making accountability determinations, States currently may count as proficient scores for up to 2 percent of students in the grades assessed using the alternate assessments based on modified academic achievement standards.

The U.S. Department of Education announced today that its Office for Civil Rights has reached a resolution agreement with the Memphis, Tenn., City Schools on aids and services to students with disabilities. The agreement resolves a compliance review initiated by the department to address whether the district is appropriately evaluating students with food allergies, asthma, diabetes, and other health impairments who have Individual Health Care Plans (IHCPs) to determine if the students are qualified students with a disability as defined by Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II). OCR also investigated whether there was a difference in the provision of services to health impaired students on the basis of race.

The U.S. Department of Education (ED), in collaboration with the U.S. Department of Justice (DOJ), today released a school discipline guidance package that will assist states, districts and schools in developing practices and strategies to enhance school climate, and ensure those policies and practices comply with federal law. Even though incidents of school violence have decreased overall, too many schools are still struggling to create positive, safe environments. Schools can improve safety by making sure that climates are welcoming and that responses to misbehavior are fair, non-discriminatory and effective. Each year, significant numbers of students miss class due to suspensions and expulsions—even for minor infractions of school rules—and students of color and with disabilities are disproportionately impacted. The guidance package provides resources for creating safe and positive school climates, which are essential for boosting student academic success and closing achievement gaps.

The U.S. Department of Education announced today that its Office for Civil Rights has entered into an agreement with Virtual Community School of Ohio to ensure compliance with Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act for students with disabilities at the school. This first-of-its-kind resolution promises equal access to educational opportunities for students with disabilities in virtual charter schools. Virtual Community School of Ohio is an Internet-based, public charter school that serves approximately 1,200 students who reside throughout the state of Ohio. "Students with disabilities who attend online public charter schools are entitled to all the protections of the federal civil rights laws that their peers receive at traditional public schools, including the right to receive a free appropriate education. Online schools also must take steps to ensure that the websites and online classrooms they use to promote their services and to educate students are accessible to individuals with disabilities," said Catherine E. Lhamon, Assistant Secretary for Civil Rights. "Online education environments such as this in which students reside across the state and go to school together in a totally on-line environment, may present unique challenges. Nevertheless, these online schools must comply with the civil rights laws. I commend Virtual Community School of Ohio for agreeing to address these issues as part of its agreement with OCR."

Today, the U.S. Department of Education announced a new streamlined website and several social media tools that will make it easier for students and families to navigate the financial aid process and make informed decisions about paying for college. The launch of the new website, StudentAid.gov, follows a report from the U.S. Department of Education and the Consumer Financial Protection Bureau about consumer protection issues with private student loans and recommendations to improve the student loan marketplace.

The U.S. Department of Education released today Analysis of State Bullying Laws and Policies, a new report summarizing current approaches in the 46 states with anti-bullying laws and the 41 states that have created anti-bullying policies as models for schools. The report shows the prevalence of state efforts to combat bullying over the last several years. From 1999 to 2010, more than 120 bills were enacted by state legislatures from across the country to either introduce or amend statutes that address bullying and related behaviors in schools. Twenty-one new bills were enacted in 2010 and eight additional bills were signed into law through April 30, 2011. Out of the 46 states with anti-bullying laws in place, 36 have provisions that prohibit cyber bullying and 13 have statutes that grant schools the authority to address off-campus behavior that creates a hostile school environment. "Every state should have effective bullying prevention efforts in place to protect children inside and outside of school," said U.S. Secretary of Education Arne Duncan. "This report reveals that while most states have enacted legislation around this important issue, a great deal of work remains to ensure adults are doing everything possible to keep our kids safe."

In August, 2011 the Department of Education (DOE) released a report providing recommendations for improved equal opportunities for physical education for students with disabilities in response to a 2010 Government Accountability Office (GOA) report which states that local and state officials would find more federal guidance helpful in this arena. The recommendations from the DOE include the use of specialized equipment and tools such as Play Station, Wii and Xbox which simulate participation. It is the participation, however, which is seen as the key component for physical education whether the students participating have disabilities or not. The report notes that it is only through participation that all students learn about teamwork and sportsmanship.

The U.S. Department of Education will host the third annual Federal Partners in Bullying Prevention Summit Monday-Tuesday, Aug. 6-7, 2012, at the Marriott Wardman Park Hotel in Washington, D.C. The summit will focus on ensuring that anti-bullying efforts are coordinated and based on the best available research. Panels will highlight the connection between bullying and suicide, and ways to help students who bully others. Keynote speakers will include U.S. Secretary of Education Arne Duncan and the First Lady of Maryland Katie O’Malley. In addition, there will be a special discussion between White House Senior Advisor Valerie Jarrett and Cynthia Germanotta, mother of musician Lady Gaga. Additional details on the summit, along with the agenda, will be forthcoming.

Today, the U.S. Department of Education issued a publication that outlines principles for educators, parents and other stakeholders to consider when developing or refining policies and procedures to support positive behavioral interventions and avoid the use of restraint and seclusion.

Minority students across America face harsher discipline, have less access to rigorous high school curricula, and are more often taught by lower-paid and less experienced teachers, according to the U.S. Department of Education's Office for Civil Rights (OCR).

How can special education teachers be more effective? The federal Education Department is funding a new center to find out. The department's office of special education said Thursday it will spend up to $5 million on the creation of the Center to Support the Development of Effective Educators to Serve Students with Disabilities. The new center—applications are due Sep. 4—will provide technical assistance to state education departments that are reviewing and reforming certification and licensing standards for teacher preparation programs. It will be expected to work with school districts and colleges and universities.

The Power of the Parent Voice: Secretary Arne Duncan's Remarks at the Office of Special Education Programs (OSEP) Leadership Mega Conference August 3, 2010 Related Resources Conference website Good morning. When President Obama s

But one thing is absolutely essential—and that's parent involvement. Parents of students with disabilities are some of the most determined advocates. Parents are key partners in policymaking and practice, pushing for greater access and better outcomes for their own and others' children. I want to applaud you for your dedication to children with disabilities—and their parents. I also want to say I wish it wasn't necessary for parents to be such fierce advocates. I understand that parents are compelled to advocate because they see that their sons and daughters aren't getting the free, appropriate public education that federal law guarantees them. President Obama and I believe that every child deserves a world-class education. When we say every child, it is not just rhetoric—we mean every child, regardless of his or her skin color, nationality, ethnicity, or ability. Over the past 37 years, with Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act, we've made great strides in delivering on the promise of a free, appropriate public education for children with disabilities.

To improve the educational outcomes of America’s 6.5 million children and youth with disabilities, the U.S. Department of Education today announced a major shift in the way it oversees the effectiveness of states’ special education programs.