On April 14, Franklin City Police arrested three staff members at S.P. Morton Elementary School in Franklin, Virginia on charges including abduction, assault and battery, and contributing to the delinquency of a minor. The arrests followed a February investigation into alleged physical abuse of non-verbal and autistic children in a special education classroom, captured on video surveillance. Jessie Blow and Tabatha Saunders were named in the initial police report. A third staff member faces the same charges. The alleged misconduct ranged from flicking a child's ear to improperly restraining a student in a Rifton chair, a positioning device designed for therapeutic use, not restraint. Separately, the U.S. Department of Education's Office for Civil Rights opened an investigation into alleged IEP implementation failures and retaliation at the same school. This case exposes how children in special education, especially non-verbal students, face elevated risks when staff aren't properly trained in disability rights and restraint protocols. What Happened at S.P. Morton Elementary. The investigation began in February when parents reported concerns about staff conduct in a special education classroom. Video surveillance captured staff interactions with students that led to criminal charges. Franklin City Public Schools completed an internal review and removed the three staff members from the classroom. The school district hasn't publicly disclosed how many students were affected or the timeline of the alleged abuse. At least one parent, April Edwards, filed a complaint with the Office for Civil Rights alleging that staff failed to implement her child's IEP and retaliated after...

Three staff at S.P. Morton Elementary face abuse charges after classroom video showed improper restraint of non-verbal students.

Three School Employees Were Arrested for Abusing Children with Disabilities in a Special Education Classroom. Here's What Families Need to Know.

On April 14, Franklin City Police arrested three staff members at S.P. Morton Elementary School in Franklin, Virginia on charges including abduction, assault and battery, and contributing to the delinquency of a minor. The arrests followed a February investigation into alleged physical abuse of non-verbal and autistic children in a special education classroom, captured on video surveillance. Jessie Blow and Tabatha Saunders were named in the initial police report. A third staff member faces the same charges. The alleged misconduct ranged from flicking a child's ear to improperly restraining a student in a Rifton chair, a positioning device designed for therapeutic use, not restraint. Separately, the U.S. Department of Education's Office for Civil Rights opened an investigation into alleged IEP implementation failures and retaliation at the same school. This case exposes how children in special education, especially non-verbal students, face elevated risks when staff aren't properly trained in disability rights and restraint protocols. What Happened at S.P. Morton Elementary. The investigation began in February when parents reported concerns about staff conduct in a special education classroom. Video surveillance captured staff interactions with students that led to criminal charges. Franklin City Public Schools completed an internal review and removed the three staff members from the classroom. The school district hasn't publicly disclosed how many students were affected or the timeline of the alleged abuse. At least one parent, April Edwards, filed a complaint with the Office for Civil Rights alleging that staff failed to implement her child's IEP and retaliated after...

Three School Employees Were Arrested for Abusing Children with Disabilities in a Special Education Classroom. Here's What Families Need to Know.

On May 22, 2026, the U.S. Supreme Court dismissed Hamm v. Smith , declining to rule on how states should evaluate intellectual disability when multiple IQ test scores conflict. The case originated in Alabama, where Joseph Clifton Smith has been on death row since 1998 for a capital murder conviction. Lower courts found Smith intellectually disabled based on five IQ tests scoring between 72 and 78, but Alabama sought a ruling that would require averaging multiple scores, a method that could raise the threshold above the widely recognized cutoff of 70. The dismissal leaves existing protections in place under Atkins v. Virginia (2002), which prohibits executing people with intellectual disabilities. But the stakes extended far beyond death penalty law. Why This Case Mattered Beyond Death Penalty Law. Disability advocates including the Bazelon Center for Mental Health Law noted that a ruling against Smith could have narrowed protections for anyone whose intellectual disability determination involves fluctuating test scores. The legal definition of intellectual disability doesn't only govern criminal proceedings: it's the same standard used to determine eligibility for disability services, Supplemental Security Income (SSI), Medicaid waivers, special education supports, and state developmental disability programs. If the Court had adopted Alabama's position, allowing multiple IQ scores above 70 to override earlier scores below the threshold, it could have created a precedent affecting how schools, SSA, and state agencies evaluate intellectual disability across the board. A parent whose child scored 68 on one assessment and 74 on another might face a denial based...

The Court declined to redefine intellectual disability standards, preserving protections that extend beyond death penalty cases.

Supreme Court Dismisses Intellectual Disability Case: What It Means for Families

On May 22, 2026, the U.S. Supreme Court dismissed Hamm v. Smith , declining to rule on how states should evaluate intellectual disability when multiple IQ test scores conflict. The case originated in Alabama, where Joseph Clifton Smith has been on death row since 1998 for a capital murder conviction. Lower courts found Smith intellectually disabled based on five IQ tests scoring between 72 and 78, but Alabama sought a ruling that would require averaging multiple scores, a method that could raise the threshold above the widely recognized cutoff of 70. The dismissal leaves existing protections in place under Atkins v. Virginia (2002), which prohibits executing people with intellectual disabilities. But the stakes extended far beyond death penalty law. Why This Case Mattered Beyond Death Penalty Law. Disability advocates including the Bazelon Center for Mental Health Law noted that a ruling against Smith could have narrowed protections for anyone whose intellectual disability determination involves fluctuating test scores. The legal definition of intellectual disability doesn't only govern criminal proceedings: it's the same standard used to determine eligibility for disability services, Supplemental Security Income (SSI), Medicaid waivers, special education supports, and state developmental disability programs. If the Court had adopted Alabama's position, allowing multiple IQ scores above 70 to override earlier scores below the threshold, it could have created a precedent affecting how schools, SSA, and state agencies evaluate intellectual disability across the board. A parent whose child scored 68 on one assessment and 74 on another might face a denial based...

Your child qualified for special education in Connecticut. You move to West Virginia. The new school re-evaluates and says your child no longer meets eligibility criteria. Services are cut. You're not being punished. You're not in the wrong district. This is the law working exactly as it was designed. Understanding why takes a moment, and it's worth the pause, because it changes how you prepare, how you advocate, and how you protect your child's access to education across any move you make. IDEA Sets a Floor, Not a Ceiling. The Individuals with Disabilities Education Act is a federal law, but it doesn't create a uniform national system. It establishes minimum rights: a free appropriate public education in the least restrictive environment, procedural protections, and the right to an IEP. States can go further than IDEA requires, but not below it. What this means for your family: the services your child received in one state may reflect protections your old state added on top of federal law. When you cross a state line, the additional layer stays behind. What travels is the federal floor, and what the new state builds on top of it may look very different. This catches families off guard, especially when they moved for good reasons. A new job, family nearby, a better neighborhood. No one expects the services their child spent years building to be on the table again. Why Your Child Might Not Qualify in the New State. IDEA defines 13 disability categories but leaves...

State latitude under IDEA means your child's special education services can vary significantly when you move states.

Why Special Education Looks Different in Every State

Your child qualified for special education in Connecticut. You move to West Virginia. The new school re-evaluates and says your child no longer meets eligibility criteria. Services are cut. You're not being punished. You're not in the wrong district. This is the law working exactly as it was designed. Understanding why takes a moment, and it's worth the pause, because it changes how you prepare, how you advocate, and how you protect your child's access to education across any move you make. IDEA Sets a Floor, Not a Ceiling. The Individuals with Disabilities Education Act is a federal law, but it doesn't create a uniform national system. It establishes minimum rights: a free appropriate public education in the least restrictive environment, procedural protections, and the right to an IEP. States can go further than IDEA requires, but not below it. What this means for your family: the services your child received in one state may reflect protections your old state added on top of federal law. When you cross a state line, the additional layer stays behind. What travels is the federal floor, and what the new state builds on top of it may look very different. This catches families off guard, especially when they moved for good reasons. A new job, family nearby, a better neighborhood. No one expects the services their child spent years building to be on the table again. Why Your Child Might Not Qualify in the New State. IDEA defines 13 disability categories but leaves...

The Center for Democracy and Technology published survey results on May 20, 2026 showing that 57% of special education teachers nationwide used AI to help develop individualized education plans for students in the 2024-25 school year. That's up from 39% the previous year. The survey also found that 15% of teachers have been relying entirely on AI to develop IEPs with no human review. What Changed. Special education teachers are using both consumer platforms like ChatGPT and Claude, and district-approved tools like MagicSchool AI, Google Gemini, and Playground IEP. The shift happened quickly. In one year, AI use for IEP development jumped 18 percentage points. Research from the University of Virginia and the University of Central Florida shows that when used appropriately, AI can help teachers craft IEPs of equal or higher quality than when teachers produce them alone. The issue isn't the technology itself. It's how it's being used. When 15% of teachers fully delegate IEP creation to AI, they're skipping the human judgment that federal law requires. IEPs must be individualized to each student's specific needs, strengths, and goals. AI models are trained on pattern recognition, which the CDT warns is "inherently incompatible with a process that legally requires individualization." Privacy and Legal Risks. IEPs contain some of the most sensitive information about a child: diagnoses, behavioral patterns, academic struggles, family circumstances, and medical needs. When teachers input this data into AI tools, that information enters systems with varying levels of data protection. Elizabeth Laird, who leads the...

CDT survey shows 57% of special education teachers used AI for IEP development in 2024-25, but 15% fully delegate to AI with no review.

More Than Half of Special Ed Teachers Now Use AI to Help Write IEPs, Survey Finds

The Center for Democracy and Technology published survey results on May 20, 2026 showing that 57% of special education teachers nationwide used AI to help develop individualized education plans for students in the 2024-25 school year. That's up from 39% the previous year. The survey also found that 15% of teachers have been relying entirely on AI to develop IEPs with no human review. What Changed. Special education teachers are using both consumer platforms like ChatGPT and Claude, and district-approved tools like MagicSchool AI, Google Gemini, and Playground IEP. The shift happened quickly. In one year, AI use for IEP development jumped 18 percentage points. Research from the University of Virginia and the University of Central Florida shows that when used appropriately, AI can help teachers craft IEPs of equal or higher quality than when teachers produce them alone. The issue isn't the technology itself. It's how it's being used. When 15% of teachers fully delegate IEP creation to AI, they're skipping the human judgment that federal law requires. IEPs must be individualized to each student's specific needs, strengths, and goals. AI models are trained on pattern recognition, which the CDT warns is "inherently incompatible with a process that legally requires individualization." Privacy and Legal Risks. IEPs contain some of the most sensitive information about a child: diagnoses, behavioral patterns, academic struggles, family circumstances, and medical needs. When teachers input this data into AI tools, that information enters systems with varying levels of data protection. Elizabeth Laird, who leads the...

You've probably been helping your child make decisions for years. Walking through medical choices together. Talking through job opportunities. Discussing where and with whom they want to live. What you've been doing informally is the foundation of supported decision-making. It's a legal framework that formalizes your role as a supporter without stripping your child of their decision-making rights. Many parents approaching their child's 18th birthday face what feels like a binary choice: pursue full guardianship or do nothing. Supported decision-making offers a third path. What Supported Decision-Making Is. Supported decision-making (SDM) is a process where adults with disabilities choose trusted people to help them understand situations, weigh options, and communicate their decisions. The person with a disability retains all legal rights. The supporter doesn't make decisions for them. The principal identifies specific areas where they want help: healthcare, finances, housing, employment, education. They choose supporters they trust: parents, siblings, friends, mentors. Those supporters help them understand choices and consequences, but the principal makes the final call. This differs fundamentally from guardianship, where a court transfers decision-making authority to a guardian. Under guardianship, the person loses legal rights. Under SDM, they keep them. Texas became the first state to recognize supported decision-making agreements in 2015. Since then, at least 21 states have passed SDM laws. Illinois enacted its Supported Decision-Making Act in 2022. Virginia formally recognized SDM agreements as an alternative to guardianship under Virginia Code § 37.2-314.3. When SDM Works Better Than Guardianship. Supported decision-making works when the person...

Learn how supported decision-making agreements let adults with disabilities keep their rights while getting help with major decisions.

Supported Decision-Making: An Alternative to Guardianship

You've probably been helping your child make decisions for years. Walking through medical choices together. Talking through job opportunities. Discussing where and with whom they want to live. What you've been doing informally is the foundation of supported decision-making. It's a legal framework that formalizes your role as a supporter without stripping your child of their decision-making rights. Many parents approaching their child's 18th birthday face what feels like a binary choice: pursue full guardianship or do nothing. Supported decision-making offers a third path. What Supported Decision-Making Is. Supported decision-making (SDM) is a process where adults with disabilities choose trusted people to help them understand situations, weigh options, and communicate their decisions. The person with a disability retains all legal rights. The supporter doesn't make decisions for them. The principal identifies specific areas where they want help: healthcare, finances, housing, employment, education. They choose supporters they trust: parents, siblings, friends, mentors. Those supporters help them understand choices and consequences, but the principal makes the final call. This differs fundamentally from guardianship, where a court transfers decision-making authority to a guardian. Under guardianship, the person loses legal rights. Under SDM, they keep them.  Texas became the first state to recognize supported decision-making agreements in 2015. Since then, at least 21 states have passed SDM laws. Illinois enacted its Supported Decision-Making Act in 2022. Virginia formally recognized SDM agreements as an alternative to guardianship under Virginia Code § 37.2-314.3. When SDM Works Better Than Guardianship. Supported decision-making works when the person...

West Virginia Governor signed Oscar's Law on April 1, 2026, requiring cameras in self-contained special education classrooms across the state. The bill passed the House 93-0. Louisiana's similar law (Act 479) took effect in February 2026, mandating 24/7 audio and video recording with 30-day footage retention. Iowa, Florida, Maryland, Tennessee, and South Carolina are considering similar legislation. If your child attends a self-contained special education classroom, you need to know what these laws mean, who can access footage, and what rights you already have. Why States Are Passing These Laws. The push for classroom cameras stems from cases where nonverbal students couldn't report mistreatment. Oscar's Law is named for a West Virginia student whose mother discovered he was being shoved and carried around by teachers only after reviewing classroom video. His story reached state legislators, who voted unanimously to strengthen camera requirements. Supporters argue cameras protect students who can't advocate for themselves. The footage provides evidence when abuse allegations arise and can deter misconduct before it happens. What Disability Advocates Are Saying. Not everyone in the disability community supports these laws. Lindsay Kubatzky, director of policy and advocacy at the National Center for Learning Disabilities, told EdSurge that camera laws often emerge after "something happened where an educator probably felt overwhelmed, or didn't quite know what to do in a situation." Michael Brogioli, executive director of TASH, an international disability advocacy group, argues cameras don't address root causes. "Instead of buying expensive camera systems, which have to be maintained and...

Multiple states now require cameras in special education classrooms. What it means for your child's privacy and safety.

States Are Putting Cameras in Special Education Classrooms. Advocates Have Questions. Here's What Families Need to Know.

West Virginia Governor signed Oscar's Law on April 1, 2026, requiring cameras in self-contained special education classrooms across the state. The bill passed the House 93-0. Louisiana's similar law (Act 479) took effect in February 2026, mandating 24/7 audio and video recording with 30-day footage retention. Iowa, Florida, Maryland, Tennessee, and South Carolina are considering similar legislation. If your child attends a self-contained special education classroom, you need to know what these laws mean, who can access footage, and what rights you already have. Why States Are Passing These Laws. The push for classroom cameras stems from cases where nonverbal students couldn't report mistreatment. Oscar's Law is named for a West Virginia student whose mother discovered he was being shoved and carried around by teachers only after reviewing classroom video. His story reached state legislators, who voted unanimously to strengthen camera requirements. Supporters argue cameras protect students who can't advocate for themselves. The footage provides evidence when abuse allegations arise and can deter misconduct before it happens. What Disability Advocates Are Saying. Not everyone in the disability community supports these laws. Lindsay Kubatzky, director of policy and advocacy at the National Center for Learning Disabilities, told EdSurge that camera laws often emerge after "something happened where an educator probably felt overwhelmed, or didn't quite know what to do in a situation." Michael Brogioli, executive director of TASH, an international disability advocacy group, argues cameras don't address root causes. "Instead of buying expensive camera systems, which have to be maintained and...

The Social Security Administration warned beneficiaries on April 28, 2026 that local offices across Arizona, California, Florida, Hawaii, Montana, and at least six other states are temporarily closed or operating phone-only through early May. Some locations won't resume in-person service at all. The closures come after the agency lost roughly 7,500 employees, 13% of its workforce, between January 2025 and January 2026 following DOGE-driven staffing cuts. Families managing SSI and SSDI claims for children with disabilities are most vulnerable. Benefit payments themselves aren't interrupted, but access to in-person help for denied applications, missing documentation, hearings, and appeals has effectively disappeared in affected regions. What Changed. SSA's official emergency page lists closures and reduced hours across 12 states and territories. Montana's Glasgow and Havre offices went phone-only April 28 through 30, with no reopening date announced. Arizona's Yuma office has been phone-only since March 23 and won't reopen until at least May 8. Florida's Fort Walton Beach office is phone-only "until further notice." Hawaii's Wailuku office was phone-only April 20 through 24. California, Iowa, Kentucky, Maryland, Michigan, Pennsylvania, West Virginia, and the Northern Mariana Islands have similar disruptions. Silver Spring, Maryland operates limited in-person service by appointment only. Saipan's office was completely closed April 13 through 23. SSA cited "planned renovations, required maintenance, or facilities issues" for the closures. The agency didn't mention staffing shortages in its official statement. Why Staffing Cuts Matter. The 7,500 employee reduction included more than 3,000 customer service positions: the staff who help families navigate claim...

SSA offices in 10+ states are closed or phone-only through May 2026, leaving families without in-person help.

SSA Is Closing Local Offices Without Warning. Here's How Disability Families Can Protect Their Benefits Access.

The Social Security Administration warned beneficiaries on April 28, 2026 that local offices across Arizona, California, Florida, Hawaii, Montana, and at least six other states are temporarily closed or operating phone-only through early May. Some locations won't resume in-person service at all. The closures come after the agency lost roughly 7,500 employees, 13% of its workforce, between January 2025 and January 2026 following DOGE-driven staffing cuts. Families managing SSI and SSDI claims for children with disabilities are most vulnerable. Benefit payments themselves aren't interrupted, but access to in-person help for denied applications, missing documentation, hearings, and appeals has effectively disappeared in affected regions. What Changed. SSA's official emergency page lists closures and reduced hours across 12 states and territories. Montana's Glasgow and Havre offices went phone-only April 28 through 30, with no reopening date announced. Arizona's Yuma office has been phone-only since March 23 and won't reopen until at least May 8. Florida's Fort Walton Beach office is phone-only "until further notice." Hawaii's Wailuku office was phone-only April 20 through 24. California, Iowa, Kentucky, Maryland, Michigan, Pennsylvania, West Virginia, and the Northern Mariana Islands have similar disruptions. Silver Spring, Maryland operates limited in-person service by appointment only. Saipan's office was completely closed April 13 through 23. SSA cited "planned renovations, required maintenance, or facilities issues" for the closures. The agency didn't mention staffing shortages in its official statement. Why Staffing Cuts Matter. The 7,500 employee reduction included more than 3,000 customer service positions: the staff who help families navigate claim...

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Special Needs Articles

Three School Employees Were Arrested for Abusing Children with Disabilities in a Special Education Classroom. Here's What Families Need to Know.

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Why Special Education Looks Different in Every State

More Than Half of Special Ed Teachers Now Use AI to Help Write IEPs, Survey Finds

Supported Decision-Making: An Alternative to Guardianship

States Are Putting Cameras in Special Education Classrooms. Advocates Have Questions. Here's What Families Need to Know.

SSA Is Closing Local Offices Without Warning. Here's How Disability Families Can Protect Their Benefits Access.

Find Providers Near You

Special Needs
Articles