Tuesday, October 8, 2013

South Carolina Warns Florence School District about IDEA Violations for a Third Time in a Year

The South Carolina Department of Education (SCDE) has found that school district Florence County School District 1 failed to correct violations of federal disability law after three complaints were filed within a year involving the same family. On September 20, the SCDE sent a third resolution letter showing that Florence 1 violated the Individuals with Disabilities Education Act (IDEA) on eleven occasions and failed to follow through with corrective actions in previous SCDE directions. The SCDE had sent two prior resolution letters, one in November 2012, for a student in Florence 1, and another in July 2013, for a complaint involving the student’s younger brother because his academic resource class did not have a certified special education teacher. Relations between the students’ mother and Florence 1 became so heated that the mother was arrested following an argument at the school when she arrived to get her son and school staff could not tell her where he was. The family’s third complaint was filed in late July 2013, alleging that Florence 1 was still not complying with the IDEA. The school district’s officials told the Florence Morning News that they are puzzled that SCDE continued accepting their compliance plans without comment but then found them wanting after complaints were filed. Nevertheless, the principal of North Vista Elementary, where one of the brothers attends school, is taking the SCDE’s action as constructive criticism, saying, “We want to learn from [the decision] and want to improve for all students.” Disability law issues in Florence County are doubtless sensitive as the U.S. Supreme Court found that one of its districts violated the IDEA twenty years ago in Florence District Four v. Carter, 510 U.S. 7 (1993). Read more about the findings in Florence 1 District here.

http://lawprofessors.typepad.com/education_law/2013/10/south-carolina-warns-florence-school-district-about-idea-violations-for-third-time-in-a-year.html

Special Education, State law developments | Permalink

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