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Top 10 Actions (or Inactions), that Spur Special Education Impartial Hearing Requests for School Districts
On April 21, 2025, New Jersey Department of Education (NJDOE) Commissioner Kevin Dehmer testified before the Assembly Budget Committee to present the Department’s FY 2026 budget proposal. The proposal outlines a $22.2 billion...more
The Uncertain Future of Special Education: Presidential Authority and the Proposed Shift to HHS - With the United States Department of Education in a state of flux at the national level, one question that looms large is the...more
Court Allows Supplementation of Record in Special Education Appeal, Weighing Child Find Obligations. Q.H. by and through Regan H. v. Scranton School Dist., 2025 WL 419529 (M.D. Pa. Feb. 6, 2025)...more
Ohio Implements New Technology Policy Across All Public Schools - As the role of technology continues to evolve, the policies governing it must also follow suit. As of July 1, 2025, every public school in Ohio will be forced...more
Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of...more
We save futures – and despite the uncertainty associated with President Trump’s decision to dismantle the Department of Education – our commitments remain the same. The better question, however, is how attorneys who represent...more
Alex Le Pape, a student at Lower Merion School District (“District”) since 2006, was diagnosed with autism as a child and identifies as a non-speaker. In tenth grade, Alex began communicating using the “spelling to...more
Commonwealth Court Rules Sexual Abuse Provision of Government Immunity Under the Political Subdivision Tort Claims Act Is Limited to Persons Under the Age of 18 - W. on behalf of S.W. v. Pittsburgh Pub. Sch., 327 A.3d 340...more
Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more
Due to the situation-specific nature of parental involvement in educational decisions, nonparticipation in one decision due to a procedural inadequacy is not automatically a major barrier to a parent’s input in the overall...more
Happy New Year! Several Illinois laws related to schools became effective January 1, 2025, and our team at Franczek P.C. has compiled them in its new School Law Legislative Update, focused on new laws in effect in 2025. A PDF...more
Schools consistently prioritize creating a safe educational environment for students and staff. Prevention and planning are a cornerstone of that process and appropriate discipline of students is a necessary component for...more
Imagine that an IEP meeting is scheduled for a couple of weeks from now. The parents have just informed you that they have decided to unilaterally place their child in the private school down the street. You may think your...more
Sometimes, despite the best and thorough efforts of school employees, parents of students receiving special education services will file a request for a due process hearing (usually known as a “due process complaint”). When...more
As school administrators know, there are always interesting updates for complying with the Individuals with Disabilities Education Act (IDEA). Recent cases provide important new information for K-12 school teams to improve...more
By law, public schools in the United States must provide services and support for students with special needs. However, some families find that an alternative to public schooling, known as microschools, better suits their...more
Commonwealth Court voids Pennsylvania Department of Education’s newly imposed Age-Out Plan for failure to implement it in accordance with Pennsylvania Laws.* PSBA, Inc., et al. v. Dr. Khalid N. Mumin, Secretary of Education...more
The following is a brief description of acts that were passed during the 2024 Session of the Connecticut General Assembly that may be of interest to Connecticut school leaders. ...more
PDE PUBLISHES 2022–2023 REPORT OF EXPENDITURES RELATING TO EXCEPTIONAL PENNSYLVANIA STUDENTS - Act 16 of 2000, in part, amended Section 1372 of the Public School Code of 1949, and it requires the Pennsylvania Department of...more
ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education...more
On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state...more
On May 16, 2024, the Pennsylvania Commonwealth Court overturned a Pennsylvania Department of Education (“PDE”) regulation stating special education students are entitled to a free and appropriate public education until the...more
District Court dismisses IDEA claim because plaintiffs failed to exhaust administrative remedies under the IDEA for education-centric claim even though plaintiffs sought money damages....more
Governor Josh Shapiro recently announced that the proposed 2024-2025 budget for the Pennsylvania Department of Education includes a $1,436,815,000 special education appropriation....more
Third Circuit affirms lower court finding that a school district did not violate the IDEA or Section 504 of the Rehabilitation Act. Zachary J. through Jonathan and Jennifer J. of Lafayette Hill, PA v. Colonial Sch. Dist.,...more