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Special Education Students Bypass Common Obstacles

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In this Feb. 11, 2012 file photo, Republican Gov. Bobby Jindal of Louisiana addresses activists from America's political right at the Conservative Political Action Conference (CPAC) in Washington. Jindal planned to file a lawsuit Wednesday Aug. 27, 2014 against the Obama administration, accusing it of illegally manipulating federal grant money and regulations to force states to adopt the Common Core education standards. (AP Photo/J. Scott Applewhite, File)

In this Feb. 11, 2012 file photo, Republican Gov. Bobby Jindal of Louisiana addresses activists from America’s political right at the Conservative Political Action Conference (CPAC) in Washington. (AP Photo/J. Scott Applewhite, File)

 

by Jazelle Hunt
NNPA Washington Correspondent

WASHINGTON (NNPA) – A new law for special education students in Louisiana is making waves among parents, education officials, and advocacy groups.

The legislation, H.B. 1015, allows special education teachers to circumvent state standardized test requirements and assume sole authority to promote a student who has scored below proficiency, even up to granting a high school diploma.

After Gov. Bobby Jindal signed the bill into law over the summer, several education and disability advocacy organizations, including the Education Trust, the National Center for Learning Disabilities, and Autism National Committee, objected.

They contend that the law encourages lower expectations for special education students, and offers a detrimental illusion of achievement. Proponents, on the other hand, believe it evens the playing field of academic achievement while allowing students’ work to represent them, as opposed to a high-stakes exam score.

“I feel like it’s a hindrance to students. A line needs to be drawn,” says Bryndan Bailey. Diagnosed with ADHD as a child, Bailey went through elementary, middle, and high school as a special education student. Now a student at Clatsop Community College in Oregon, he maintains a 3.7 GPA, without special accommodations or aids.

“I like when people expect a lot from me. I feel like [the exemption] causes more of a handicap to a person who already has a handicap.”

For most of his education, Bailey has had an IEP team overseeing his progress.

All special education students in federally-funded schools must have Individualized Education Plans, or IEPs that lay out accommodations and an evolving, personalized roadmap for special education students to achieve the same educational goals as their peers. For example, a dyslexic student may be allowed to take exams in private and have them read aloud as part of his or her IEP. IEP teams—comprised of the instructors, specialists, and/or caregivers involved in the student’s matriculation—continually collaborate on these plans.

Under H.B. 1015, IEP teams can determine whether to waive the state standardized exam requirements for a particular student—but only after that student performs below proficiency.

If exemption is granted, the IEP team must create “rigorous educational goals” that “promote college or workforce readiness.” The new plan must include alternative means of assessment; lesson plans; and personalized bare-minimum requirements. The student will be promoted or held back based on performance with these new goals.

In the case of high school seniors, exempted students must achieve their IEP goals, plus become employed and self-sufficient; demonstrate “specific employable skills;” or, be able to access needed services beyond graduation. The law also mandates that parents must be informed of how the different standards might affect college and career options. It doesn’t provide direction on what happens if an exempted high school graduate does not meet these post-grad requirements.

“In the long run, high school is preparing students for the real world. It’s not beneficial to have kids depend on [their IEPs], or use it as a copout, because your IEP is not going to help with everyday life problems,” Bailey says. “You’re not going to have a teacher to come to your boss and say, ‘Oh, he counted the change wrong because he’s dyslexic.’ That’s not how life works.”

Mercia Williams-Murray, a six-year middle and high school math and science special education teacher in Washington, D.C., agrees, adding that it’s especially troubling for Black and Latino boys, who are significantly more likely to be diagnosed and put into special education than others.

“I don’t think it’s a good idea, particularly when you’re dealing with a high population of Black kids, knowing that they are more likely to be identified as special needs, and therefore going to be disproportionately affected by a law like that,” she says, adding that finishing school with limited job options pushes boys of color closer to a life of crime.

“I think it not only lowers expectations for kids, but it also sets them up for failure beyond school. If anything, they need more discipline and to have the bar raised even higher, because everyone expects so little of them.”

Although there is debate about the merits of exemption, almost everyone agrees that high stakes state exams are problematic.

“The whole process of a test grading someone and telling you, hey, this is how intelligent they are based on these questions I asked them – that whole system is flawed in the first place,” says Bailey. “It doesn’t have anything to do with having an IEP or not, even someone with nothing wrong with them, per se, can still be subjected to look like they’re less than, or like they’re not as intelligent.”

Williams-Murray echoes the sentiment, adding that it is frustrating and disheartening for both students and teachers to miss the mark on state exams.
For this reason, Amy Angrand, a two-year special education kindergarten teacher in Maryland, believes that H.B. 1015 is a great opportunity for teachers and students to show their true capabilities.

“It would be great to eliminate the state test, because it doesn’t really show what they can do. Just through observation with my students, I can tell if they’re capable of taking one…and most of the time, they’re not ready for it,” she says, adding that teachers are offer more accurate evaluations of their students.
Angrand asserts that as long as standards remain high and teachers are provided adequate training, they can craft effective IEPs that prepare students for success without the need for stressful standardized exams.

“What Louisiana is doing is great. They’re saying, I’m not going to give you a scripted curriculum, I’m going to allow you to show me your craft. It can’t be cookie-cutter; that’s not what learning is,” she says. “I don’t think it would lower the standards. We have the same objectives in the curriculum as other students. What the state and government can do is give me the standard, and say look…. Your students have to be able to do this so if they go into any school, public, charter, or private, they can perform. Go.”

Louisiana’s graduation rate is 72 percent; 65 percent for Black students, according to the National Center for Education Statistics. The figure plummets to 33 percent for students with disabilities.

Although already passed, H.B. 1015 may violate federal law if implemented as is; states are required to uphold the same standards for all students, including those with IEPs.

Following Gov. Jindal’s signature, the Department of Education Office of Elementary and Secondary Education sent a warning letter to the Louisiana Department of Education.

Citing the Elementary and Secondary Education Act, the Individuals with Disabilities Education Act, and other legislation, the Office wrote: “A significant concern with H.B. 1015 is that it treats students with disabilities differently because it permits them to be promoted, graduate, and receive a diploma when they have failed to pass State assessments and meet benchmarks that other students are required to meet.

“Giving IEP Teams authority to apply different standards…will result in those students being taught to different, and potentially lower, standards than students without disabilities, depriving them of the same opportunities to learn that are available to their non-disabled peers.”

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Black History

HISTORY MADE: Keisha Lance Bottoms Becomes First Black Woman Elected Governor in American History

ATLANTA DAILY WORLD — History has been made in Georgia. Keisha Lance Bottoms, the former mayor of Atlanta, has been elected governor of Georgia, becoming the first Black woman in American history to win the highest executive office in any state.

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Keisha Lance Bottoms during her 2026 Democratic gubernatorial primary victory speech. Photo: Sikis2021 / Wikimedia Commons.
Keisha Lance Bottoms during her 2026 Democratic gubernatorial primary victory speech. Photo: Sikis2021 / Wikimedia Commons.

History has been made in Georgia. Keisha Lance Bottoms, the former mayor of Atlanta, has been elected governor of Georgia, becoming the first Black woman in American history to win the highest executive office in any state.

Bottoms’ victory over Republican businessman Rick Jackson represents a defining moment in American politics, breaking a barrier that has stood since the nation’s founding and placing Georgia at the center of a historic political transformation.

For generations, Black women have played a critical role in American democracy, organizing communities, leading movements, mobilizing voters and shaping public policy. Yet despite their contributions, no Black woman had ever been elected governor of a U.S. state.

Until now.

Bottoms’ election also makes her the first woman and first Black person elected governor of Georgia, a state whose political history has been deeply shaped by slavery, segregation, the civil rights movement and the long struggle for equal representation.

Her victory carries particular significance in a state where Black women have been among the most influential forces in voter registration, political organizing and Democratic electoral success.

A fifth-generation Georgian, Bottoms previously served as Atlanta’s 60th mayor from 2018 to 2022. During her administration, she led the city through the COVID-19 pandemic, nationwide protests over racial injustice and a period of significant economic and population growth.

Following her time as mayor, Bottoms served as a senior adviser in President Joe Biden’s administration before returning to Georgia politics to pursue the governorship.

Her campaign focused on expanding access to health care, strengthening public education, increasing wages and addressing the rising cost of living. She also advocated for expanding Medicaid, raising Georgia’s minimum wage to $15 an hour and increasing compensation for teachers and other public employees.

Bottoms faced Jackson, a wealthy health care executive who invested heavily in his campaign and positioned himself as a political outsider. The contest drew national attention as Democrats sought to reclaim the Georgia governor’s office after more than two decades of Republican control.

The historic nature of Bottoms’ victory extends well beyond party politics.

Georgia, once at the center of some of America’s most consequential civil rights battles, has now elected a Black woman to lead its state government. It is a milestone that reflects generations of political participation, organizing and leadership by Black Georgians.

For Atlanta, the moment is especially significant. A former mayor of the city that helped shape the modern civil rights movement will now lead the entire state.

Bottoms’ election opens a new chapter in Georgia’s political history and establishes a milestone that will be remembered far beyond the 2026 election.

For continuing election coverage and results, visit AtlantaDailyWorld.com/election26.



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Black History

Hundreds of Black Christian Leaders Arriving in Israel for Martin Luther King-Inspired Mission

Hundreds of African American and African Christian leaders are visiting Israel for the ‘Unfinished Business Pilgrimage,’ inspired by Dr. Martin Luther King’s plans for a pilgrimage in 1967 that was canceled due to the Six Day War. The event aims to promote pro-Israel sentiments amidst rising antisemitism and will expand to thousands of participants in 2027. Pastor Dumisani Washington emphasizes the importance of Black Americans recognizing their role in supporting Israel. Pilgrimage leaders are also delivering gifts to victims of recent violence, reiterating the historical bond between Jewish and Black communities in advocating for justice. Pastor Michael A. Stevens highlights the need for education against antisemitism while suggesting that Israel should be more attuned to issues affecting Black lives.

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Pastor Michael A. Stevens, Sr. speaks in Jerusalem ahead of the Unfinished Business Pilgrimage, November 4, 2026. (Lazar Berman/The Times of Israel)
Pastor Michael A. Stevens, Sr. speaks in Jerusalem ahead of the Unfinished Business Pilgrimage, November 4, 2026. (Lazar Berman/The Times of Israel)

As support for Israel declines precipitously in the US, hundreds of African-American and African pastors and Christian leaders are arriving in Israel this week for a mission inspired by the slain US civil rights leader Rev. Dr. Martin Luther King.

King planned to bring thousands of pilgrims to Israel and Jordan in 1967, but that trip was postponed because of the Six Day War and the political implications of such a trip. He said he would look into coming the next year, but was assassinated in April 1968.

“There were no mass pilgrimages” back then, says Pastor Dumisani Washington, a pro-Israel activist, at a press conference in Jerusalem. “We as Black Americans recognize that Black Americans were about to start something that no one else was doing.”

The “Unfinished Business Pilgrimage” will expand to thousands of participants next year, say organizers, to mark 60 years since King’s planned visit.

“We felt a burden in our heart,” Washington continues. “We see the rising antisemitism on the right and on the left.”

There is a “mountain of support rising from the Black church,” says Pastor Michael A. Stevens, Sr.

The leaders of the pilgrimage present gifts to victims of the Hamas-led October 7, 2023, massacre, including freed hostage Elkana Bohbot; Hila Abir, whose brother Lotan was murdered at the Nova music festival; and Daniel Lischinsky, whose son Yaron was murdered alongside his fiancée Sarah Milgrim at an Israeli embassy event in Washington, DC.

Ther rest of the participants arrive tomorrow, and will visit biblical sites across the country, as well as the site of the Nova massacre.

Steven says that Jewish and Black Americans had a tradition of coming together to “establish what was right, and to set the tone for the nation and for the world.”

“If anyone should stand with our Jewish brothers and sisters, it ought to be African-Americans, it ought to be Africans,” he continues.

Though rates of antisemitism have risen among people of color, Stevens tells The Times of Israel, “I still think we are the lowest-hanging fruit to educate and to learn.” He says, “The African-American Church is still the most influential institution in all of America, in fact, at least in the Black community.”

Stevens says one of the objectives of the mission is to spread awareness that “we cannot have antisemitism in our culture, period.”

At the same time, he says that Israel could improve its approach to Black America: “I believe Israel could be more attentive to the fact that a lot of the loss of lives that we see looks like us. Whether it’s in Gaza, whether it’s Ethiopians and racism.”

 Reverend Dr. Benjamin F. Chavis. Jr. is on this delegation representing the Black Press of America and Spill the Honey  as a present-day fulfillment of the dream and prior plan of Reverend Dr. Martin Luther King, Jr in 1967 to lead a 5000 Black Clergy Pilgrimage to Israel.  

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Black History

Christianity’s Racial History

THE POSITIVE COMMUNITY — Historian and author Jemar Tisby is challenging the traditional narratives of American religious history through his acclaimed work, The Color of Compromise. His research provides a comprehensive examination of how Christian institutions have historically participated in, accommodated, or resisted racial injustice from the colonial era to the present day.

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Jemar Tisby is a historian, author, and public speaker whose work examines the relationship between Christianity, racism, and American history. Through
Jemar Tisby is a historian, author, and public speaker whose work examines the relationship between Christianity, racism, and American history. Through

Jemar Tisby is a historian, author, and public speaker whose work examines the relationship between Christianity, racism, and American history. Through his writing, he challenges readers to reconsider the role religious institutions have played in shaping racial attitudes and social structures. His widely recognized book, The Color of Compromise: The Truth About the American Church’s Complicity in Racism, explores how Christian churches have participated in, accommodated, and sometimes resisted racial injustice throughout American history. Tisby’s work encourages readers to examine the past honestly and consider what meaningful change requires today.

One of the central arguments in The Color of Compromise is that racism in America cannot be understood without examining the influence of religious institutions. Christianity has often been associated with messages of love, justice, compassion, and equality. Yet churches and Christian leaders have sometimes supported systems that denied African Americans their freedom and dignity. Tisby examines this contradiction, demonstrating how religious beliefs and institutions could be used to justify racial oppression rather than challenge it.

The book takes readers back to the era of European colonization and slavery, when religious arguments were frequently used to defend the enslavement of Africans. Some Christian leaders claimed that slavery was compatible with biblical teachings, while others used Christianity to encourage resistance to the institution. Enslaved Africans developed their own spiritual traditions, drawing strength from their faith while enduring violence, separation from family, and the denial of basic human rights. Tisby highlights the importance of understanding how Christianity became intertwined with the development of American slavery.

Tisby also explores the role of churches during the Civil War and Reconstruction. Although emancipation ended legal slavery, it did not eliminate racial prejudice or the struggle for equal citizenship. Some religious communities supported efforts to educate formerly enslaved people and establish independent Black institutions. Others tolerated or defended segregation and white supremacy. The period demonstrates how Christian institutions faced a choice between challenging racial injustice and preserving existing social arrangements.

Another important subject in the book is the relationship between Christianity and Jim Crow segregation. During the late nineteenth and early twentieth centuries, racial segregation became deeply embedded in American society. Many churches reflected the same divisions, maintaining separate congregations and unequal opportunities for worship and leadership. Tisby argues that compromise occurred not only when Christians openly defended racism but also when they remained silent or accepted discriminatory practices to avoid conflict. This distinction is essential to understanding the book’s central message.

The civil rights movement provides another significant chapter in this history. Black churches played a vital role in organizing demonstrations, supporting community leadership, and providing spiritual encouragement to people fighting racial discrimination. Figures such as the Reverend Dr. Martin Luther King Jr. drew upon Christian teachings to challenge segregation and demand equal rights. However, not all white Christian congregations supported the movement. Tisby examines the difference between those who actively opposed racism and those who hesitated to challenge the racial status quo.

A major strength of Tisby’s writing is his attention to the difference between individual prejudice and institutional racism. A person may believe in treating others fairly while participating in organizations or traditions that produce unequal outcomes. Similarly, a church may preach love and acceptance while failing to confront discriminatory practices within its own community. Tisby encourages Christians to look beyond personal intentions and examine the consequences of their actions, their institutional policies, and their willingness to address injustice.

The book also challenges contemporary Christians to consider how the legacy of racial compromise continues to affect American religious life. Questions about church leadership, worship communities, racial representation, education, and public policy remain important. Tisby argues that acknowledging historical wrongdoing is not about assigning personal guilt to every modern Christian. Rather, it is about understanding how past decisions shaped the present and recognizing the responsibility to pursue greater fairness, accountability, and inclusion.

Tisby’s work has become an important contribution to conversations about race and religion because it asks readers to move beyond comfortable narratives about American Christianity. His historical approach encourages people to examine uncomfortable evidence, listen to the experiences of African Americans, and recognize the difference between professing moral principles and practicing them. The book also raises questions about what genuine reconciliation requires, emphasizing that meaningful progress involves more than expressions of goodwill. It requires a willingness to confront injustice and make changes that reflect the values Christians claim to uphold.

Ultimately, The Color of Compromise is a call for historical honesty, moral reflection, and meaningful action. Jemar Tisby challenges churches and individual believers to understand how Christianity has been used both to support oppression and to inspire resistance against it. His message is especially relevant in a society still wrestling with racial inequality and the consequences of its history. By examining the past with courage and integrity, readers can better understand the responsibilities of faith in the present. The book reminds us that the true test of religious conviction is not simply what people profess to believe, but whether their actions reflect justice, compassion, and respect for the dignity of every human being.

Based on reporting by The Positive Community.



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Black History

Learn Black History and Win Your Next Game Night

INDIANAPOLIS RECORDER — Dr. Maxine Bryant, a culture keeper and professor, is combatting book bans and historical inaccuracies through the launch of GriotSpeaks: The Game. The new board game is designed to celebrate the African diaspora by incorporating elements of geography, literature, music, and the Gullah Geechee culture.

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Learn Black History and Win Your Next Game Night

Maxine Bryant, Ph.D., creator and founder GriotSpeaks, is sharing the history of the African diaspora through her new board game.

Bryant often quotes the African proverb: “Until the lion tells the story, the hunter will always be the hero.” She said for the hunter has been telling the story of the African diaspora for “far too long.”

The game is based in African culture. The spaces on the board feature the countries of the African diaspora and it uses gold bars and cowrie shells as currency while special game spaces showcase symbols such as the Sankofa bird, a pyramid and an Ankh.

Bryant, a culture keeper and educator, created the game to add a bit of fun to her ongoing mission of dispelling myths and sharing accurate history. She used the history lessons she taught over the years as the foundation for the game’s trivia questions. Bryant said she is even more motivated to correct the inaccurate narratives due to recent book bans and efforts to minimize or omit the contributions of Black people.

“We can’t tell our story if we don’t know our story,” Bryant said.

History buffs may start the game with a slight advantage, but even players with limited knowledge have a chance to win with some strategic play. During one game demonstration, she said, an 11-year-old beat her with the clever use of one of the game’s wild cards.

Bryant’s goal is for people to learn new information while having a good time with one another. She sat down with the Recorder to share her inspiration for the game and how she hopes it will influence the culture.

This interview has been edited for length and clarity.

What was the inspiration for creating a game?

Maxine Bryant, Ph.D.

Maxine Bryant: In all honesty, God gave me the vision for the game.

I put that board game together the way God showed me in in this vision, if you will, it was to be educational, informative, and entertaining. And so, I knew I wanted it to encompass all of the diaspora and with the educational part of it. Since I am a professor, it needed to encompass the critical areas of our history.

So, it’s geography; it’s the resistance, the protest — all of that. It’s … literature, music, the Gullah Geechee culture, storytelling, the whole gamut, and then Black people.

What are some of the things people are surprised to finally learn while playing the game?

Bryant: The genius of Black people.

Many people know Madam C.J. Walker, although I’m finding out that not everybody does. But one of the questions (asks about) who invented the hot comb? Everybody thinks Madam C.J. Walker, but no, that was not her thing. Her thing was hair care and strengthening hair. It was a man (Walter H. Sammons) who created the hot comb. So, people are amazed at what they’re learning.

How do you hope that this new knowledge helps people see the world?

Bryant: So, what I hope people learn is our true history, the history of our struggle, and our resistance, the history of our greatness, and information about our culture. That positions us then to be able to stand tall in knowledge of self.

One of the things I wholeheartedly believe in is that little Black boys and little Black girls who grow up with the message that you are nothing because you are Black … it’s easy for me to take you out. But if I look at you and I know that you’re great and I’m great, I may just have a different kind of level of respect for you.

I think that having a sense of self can impact how I look at myself and how I look at people who look like me.

Is there anything else you want to share?

Bryant: In my mind, this game is a must-have. It is so unique. Now, within the culture, we have trivia games and usually they’re trivia about sports or about entertainment and some about history, right? And usually, it pertains to people in the United States or events in the United States, culture in the United States.

This game contains movement around a physical board like Monopoly, but it also encompasses the entire African diaspora so it’s not just the United States. People who played this game tell me … they’ve never seen anything like it.

GriotSpeaks: The Game is best suited for players 17 and older. The game is available for purchase through Amazon or at the GriotSpeaks website.

Contact Editor-in-Chief Camike Jones at 317-762-7850.

The post Learn Black history and win your next game night appeared first on Indianapolis Recorder.

Based on reporting by Indianapolis Recorder.



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Black Press

DOJ Fights to Keep Rep. Ilhan Omar’s Search Warrant Sealed: Report

GARLAND JOURNAL — Federal prosecutors are petitioning a U.S. District Court to maintain the seal on a search warrant and related records following an FBI search of Rep. Ilhan Omar’s Washington, D.C., home.

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DOJ Fights to Keep Rep. Ilhan Omar’s Search Warrant Sealed: Report

Federal prosecutors are trying to keep sealed the search warrant and related records from and FBI search of Rep. Ilhan Omar’s Washington, D.C., home earlier this month.

According to The Washington Post, a coalition of more than a dozen media organizations, including the Post, is seeking access to the warrant and related records. U.S. District Judge James Boasberg, an appointee of former President Barack Obama, is overseeing the dispute.

In a Tuesday (October 27) court filing, U.S. Attorney Jeanine Pirro argued that the request was premature because investigators are still reviewing evidence seized during the October 12 search and have not decided whether to file charges or whom to charge.

“This request sounds rash because it is rash,” Pirro wrote, according to The Hill. She argued that releasing the records could expose investigative sources and compromise the probe.

“Unsealing everything now imperils the investigation,” the Justice Department wrote, according to the Post.

The media organizations argue that the warrant application and supporting affidavit could reveal the investigation’s targets, the evidence investigators have gathered, and how the probe began, according to the Post.

The October 12 search was part of a federal investigation into allegations that Omar or members of her family misrepresented information on immigration paperwork. The congresswoman has denied wrongdoing and accused the Trump administration of politically targeting her.

As BIN previously reported, the Trump administration has also explored whether Omar could be stripped of her U.S. citizenship.

During an MS NOW interview on Wednesday (October 21), Omar announced plans to move out of her Washington residence, citing safety concerns after the search made her address public.

According to The Washington Post, prosecutors said in the filing that they may not oppose releasing some warrant records, with appropriate redactions, once the warrant has been fully executed and a public charging decision has been announced.

The Black Information Network is your source for Black News! Get the latest news 24/7 on The Black Information Network. Listen now on theiHeartRadio appor clickHEREto tune in live. In this article:DOJ Fights To Keep Rep. Ilhan Omar’s Search Warrant Sealed, U.S. District Judge James Boasberg

Based on reporting by Garland Journal.



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Black History

Five Hospitals Said No! Who Will Help Annette Henry Recover?

Annette Henry, a 67-year-old Oakland woman, is struggling to access essential medical care after a devastating stroke left her with a rare neuropathic pain syndrome. Despite medical documentation confirming her need for inpatient rehabilitation, five different Bay Area hospitals have denied her admission, often citing her inability to meet rigid therapy thresholds. Her family’s efforts to seek intervention from state and federal lawmakers have yielded no results, leaving Henry at home without a clear path to recovery. To see how these systemic failures are impacting her health, read more.

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Annette Henry. Photo by Mario Decuir.
Annette Henry. Photo by Mario Decuir.

A tangle of red tape and contradictions between health providers and Medicare rules have impeded an Oakland woman’s ability to recover from a stroke she had last year.

Her family – who are her caretakers – have reached out to various professionals and state and federal lawmakers for help to no avail.

At 67, Annette Henry needs inpatient stroke rehabilitation after a devastating stroke in May 2025. Since then, multiple Bay Area hospitals have denied it. She was accepted into a rehabilitation facility in June 2025 but discharged prematurely in July, in essentially the same condition.

Three hospitals where she was a patient pushed skilled nursing over inpatient rehabilitation. Two more declined referrals.

Now at home, Henry is caught in a system that measures her need for treatment against the limitations treatment should address.

Medical professionals have documented her need for a higher level of care.

In August 2025, a Medicare Quality Improvement Organization (QIO) overturned Henry’s discharge from an inpatient rehabilitation facility (IRF).

The QIO’s independent physician reviewer found she had not received the “intensive therapy program outlined on admission,” according to the Aug. 30, 2025, determination letter. Yet the decision did not secure her readmission or guarantee continued rehabilitation.

Henry has central post-stroke pain, a rare neuropathic pain syndrome that can make movement and touch intensely painful. Her pain specialist recommended inpatient rehabilitation alongside pain management.

Nevertheless, facilities have cited her inability to tolerate three hours of daily therapy as a reason to deny inpatient rehabilitation.

That practice raises questions about Medicare coverage policy. In Hooper v. Sullivan, No. H-80-99 (D. Conn. 1989), the court recorded the parties’ agreement that denials based on numerical utilization screens, diagnostic screens, treatment norms, the “three-hour rule,” or other “rules of thumb” were not appropriate.

CMS subsequently cited Hooper in its Aug. 7, 2009, final rule (74 Fed. Reg. 39762, 39794). The policy is also addressed in the Medicare Benefit Policy Manual, Chapter 1, Section 110, and CMS’s June 1 Review Choice Demonstration for IRF Services: Operational Guide.

These authorities underscore the need for individualized assessments rather than rigid numerical thresholds.

The central contradiction is stark: the pain and disability that make rehabilitation necessary have been cited as reasons to deny it. UCSF Stanyan’s April 7 discharge summary for Henry states that acute rehabilitation unit (ARU) placement was declined for “inability to tolerate three hours of therapy daily.” Without appropriate treatment, Henry risks further decline.

Her records document complications associated with prolonged immobility.

Orthopedics documented flexion contractures of the small and ring fingers on March 19.

Chest imaging on April 1 showed bibasilar dependent atelectasis, a condition involving reduced inflation of the lower portions of both lungs. These concerns can be examined through her medical records and photographs.

“What does a ‘not reasonable’ discharge look like?” her family asks. For them, it looks like an appeal decision recognizing a problem without ensuring a remedy: repeated referrals, denials and a patient still without the rehabilitation her treating professionals have recommended.

The family has sought help from the California Department of Public Health and the federal Office for Civil Rights to no avail. They contacted U.S. Rep. Lateefah Simon in June 2025, while Henry was in rehabilitation; Senator Alex Padilla in May 2026; and Senator Adam Schiff in September 2026.

DeCuir says the family received no meaningful assistance and was redirected to the QIO or advised working with a social worker after Henry had already been discharged.

The consequences extend beyond rehabilitation. The family reports that Henry has struggled to attend in-person specialist or any appointments and needs in-person evaluation and treatment for complications, recommended evaluations, health screenings and preventive care.

Her mobility limitations have become barriers to broader medical care.  Every office tells her their office is not set up to accommodate her.  This has happened with specialty care, out-patient services, screenings and physical therapy.

Henry is a Black woman on Medicare, and her family believes her experience raises concerns about unequal access to intensive rehabilitation. Research has documented disparities in discharge to inpatient rehabilitation rather than skilled nursing, underscoring the importance of individualized review.

CMS, state regulators and healthcare providers should examine Henry’s records, assess her needs on their clinical merits and explain how the applicable coverage standards were applied, and whether they are being enforced.

Rehabilitation is not a reward for patients who can already tolerate treatment. It is care intended to help people recover function. Henry’s case asks whether a system designed to support recovery can leave a patient without a path to it.

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