From Education Week:

At least two states have received federal permission to cut back on the money they spend on special education, and officials at the U.S. Department of Education are considering a request from a third.

Iowa and Kansas have both won permission for the funding cuts, which can be granted under the Individuals with Disabilities Education Act (IDEA) when states are struggling financially. South Carolina’s request is pending.

Special education advocates say this is the first time they’re aware that such economic hardship waivers have been granted. With states facing record budget shortfalls and soaring special education costs, one education finance expert said, more waiver requests may be coming.

More information here.

Related post here.

Lesley Alderman, writing in the New York Times, offers a roadmap for parents who suspect their child might have a learning disability. While schools are legally obligated to assess children for learning disabilities, Alderman says, “what the law promises and what the schools can realistically provide are sometimes at odds.”

“The law was created with the idea that parents and schools would collaborate on their child’s education,” says Neal Rosenberg, an education lawyer in Manhattan who worked for the New York City Board of Education when the law was first drafted. “But the relationship can sometimes turn adversarial.”

Alderman suggests that parents press for an assessment as early as possible, document their requests, be knowledgeable about their legal rights, and consider talking with a lawyer.

Bypassing the school assessment process can be effective but expensive, Alderman says, as private assessments can cost up to $5,000.

From the Wall Street Journal:

Financially struggling school districts across the country are taking advantage of a provision in federal law that allows them to divert federal stimulus funds earmarked for special education, using the money to ease their dire budget situations.

Advocates complain that students with disabilities are being shortchanged, while school administrators say shifting the money allows them to avoid layoffs and preserve programs that benefit a wide range of students. State officials acknowledge that they are lowering standards for graduation and drop-out rates for students with disabilities in order to qualify to shift the funds under the law.

“This is a slap in the face,” said Candace Cortiella, director of the Advocacy Institute, a Washington, D.C.-area nonprofit that advises students with disabilities. “This is historic funding that could have had a huge impact with [special-education] students, and states and districts have instead chosen to minimize the amount of good.”

James Notter, superintendent of Florida’s Broward County Public Schools, called the provision “an absolute salvation” for his district. “It’s about getting to the next day,” he said.

From the Honolulu Star-Bulletin, Honolulu Advertiser:

Lawyers representing Hawaii public school students in both general and special education filed class action lawsuits this week in an attempt to prevent the state from cutting 17 days from the school year.

The suit filed on behalf of students receiving special education services alleges that the “furlough Fridays” violate federal law by changing programs and services for students without parental approval.

UPDATE: Judge rejects effort to effort to keep schools open — Honolulu Star-Bulletin

From the Honolulu Advertiser:

Disability advocates and parents are strongly critical of a Hawaii plan to save money by furloughing teachers on 17 Fridays this school year. They say the furloughs would illegally deprive students of services promised by their Individualized Education Plans (IEPs).

IEPs often specify the number of hours a student should receive various services. Parents and advocates say a 4-day school week will limit the state’s ability to provide services in the time available. State officials say districts will honor all IEPs.

“This whole ‘Furlough Friday’ thing, in my mind – I’m not an attorney – is definitely going against the law,” said Naomi Grossman, vice president of the Autism Society of Hawaii. “Any change has to be based on a child’s needs. Even if a new calendar arises, it doesn’t change the need of the child.”

Minnesota Rep. John Kline writes in the Minneapolis Star Tribune that Congress should not create costly new programs until it fully funds the programs for students with disabilities that were authorized under the Individuals with Disabilities Education Act.

Even with this year’s one-time boost in stimulus funding, Kline says, Congress has not come close to fulfilling its 1975 promise to fund 40 percent of the excess cost of special education and related services. An excerpt:

While fully funding the federal share of IDEA will not provide an endless pot of gold, it will free up hundreds of thousands of dollars that could be dedicated to the most pressing needs in individual schools.

Kline is the senior Republican member of the House Education and Labor Committee.

From the [Riverside, CA] Press-Enterprise:

Squeezed between the rising needs of students with autism and declining state and federal funds, California educators say they are seeking creative solutions.

Among the ideas they’re trying: Setting up foundations to raise funds; writing grants; and forging partnerships with other districts, parents, and organizations to use successful programs as models rather than developing new programs.

In Riverside County, the school district is paying about $36,000 per student to educate children with severe autism in small classes, compared with about $8,600 for typical students.