September Newsletter – Special Education Advocacy Updates

Back-to-School IEP Reminders

As the school year starts, parents must ensure IEPs are being followed from Day 1.

✔ Ask: “Is my child’s IEP being implemented exactly as written?”

✔ Document: Keep a log of services, communication, and any issues.

✔ Know: Parents have the right to request an IEP meeting at any time.

Reference: IDEA Sec. 300.322 & 300.324 — parents are equal participants in IEP decisions. Link: https://sites.ed.gov/idea/regs/b/b/300.322

New OSEP Guidance & Updates (2025)

This school year, the Office of Special Education Programs (OSEP) has released several critical updates:1. Inclusive Instruction & LRE – IEP teams must consider supplementary aids and services before moving students out of general education. Placement cannot be based on staff shortages or labels.

Reference: IDEA Sec. 300.114–300.116; OSEP “Inclusive Practices Guidance,” May 2025. Link: https://sites.ed.gov/idea/regs/b/b/300.1142. IDEA State Ratings – OSEP released state accountability ratings for IDEA. Some states improved, others declined.

Reference: OSEP Annual IDEA Determinations, June 2025.

Link: https://sites.ed.gov/idea/state-determinations3.

Grant Opportunities – OSEP is investing in technology, accessible materials, and personnel training programs.

Reference: Federal Register Vol. 90, No. 102 (May 27, 2025). Link: https://www.federalregister.gov4. SPP/APR Reports –

Updated State Performance Plan/Annual Performance Report data highlights state progress and challenges.

Reference: OSEP SPP/APR Data, July 2025.

Link: https://osep.grads360.org

Policy Spotlight: Local and National Issues

- Funding Struggles – IDEA has never been fully funded since 1975. Congress originally promised to cover 40% of costs but has never exceeded ~15%.

Reference: U.S. Dept. of Education, “40 Years of IDEA Funding,” 2025.

Link: https://sites.ed.gov/idea-

Medicaid Cuts – Proposed federal changes may restrict how schools bill Medicaid for services. Reference: Congressional Budget Office, Medicaid Policy Brief 2025. Link: https://www.cbo.gov-

Local School Boards – Staffing shortages in KY districts are impacting FAPE.

Reference: Kentucky Dept. of Education Legislative Guidance 2025.

Link: https://education.ky.gov

Hot Advocacy Topic: Religious Instruction (LifeWise)

Some Kentucky districts are introducing LifeWise Academy as “moral instruction.” This program is religious indoctrination during the school day and raises concerns:

❌ It is not neutral or inclusive.

❌ It removes students from valuable instruction time.

❌ It may disrupt IEP/504 services, violating FAPE.

References:- McCollum v. Board of Education, 333 U.S. 203 (1948).

Link: https://supreme.justia.com/cases/federal/us/333/203/-

Zorach v. Clauson, 343 U.S. 306 (1952). Link: https://supreme.justia.com/cases/federal/us/343/306/-

Section 504 of the Rehabilitation Act. Link: https://www2.ed.gov/about/offices/list/ocr/504faq.html

Parent Tip of the Month

“Confidence is not about knowing all the answers. It’s about knowing you have the right to ask the questions.”📖 Reference: IDEA Sec. 300.322 — parents’ right to be fully informed.

Link: https://sites.ed.gov/idea/regs/b/b/300.322

Advocate’s Corner

This year will bring challenges — funding battles, policy shifts, and new advocacy fronts. But remember: you are your child’s expert, and you are not alone.

Reference: IDEA Preamble, 20 U.S.C. §1400(d).

Link: https://sites.ed.gov/idea/statute-chapter-33/subchapter-i/1400