News & Analysis as of

Special Education

Miller Nash LLP

Don’t Let Concerns About Due Process Undo Your Process: A Checklist for Responding to Special Education Due Process Complaints

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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

Miller Nash LLP

Special Education—Practical Tips From New Cases

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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

Chambliss, Bahner & Stophel, P.C.

Microschools as an Option for Students With Disabilities

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

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

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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

Pullman & Comley, LLC

Developments from the 2024 Session of the Connecticut General Assembly Affecting Schools (and Public Employers)

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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

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

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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

Franczek P.C.

ISBE Releases Guidance Document on Residential Placements

Franczek P.C. on

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

Franczek P.C.

Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs

Franczek P.C. on

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

Tucker Arensberg, P.C.

Commonwealth Court Overturns PDE Regulation Requiring FAPE Until Special Education Students Turn 22 Years Old

Tucker Arensberg, P.C. on

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

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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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

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

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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

Marshall Dennehey

Legal Update for Special Education Law – Case Updates Regarding Section 504 of the Rehabilitation Act

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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

Franczek P.C.

2023 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

As we approach the new year, Franczek is pleased to recap the new legislation applicable to K-12 schools that passed in 2023. Below you will find our compilation of this year’s legislative changes. A PDF version of the 2023...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Chambliss, Bahner & Stophel, P.C.

Should You Hire a Special Education Advocate?

The Individuals with Disabilities Education Act (IDEA) makes public education available to children with disabilities ages 3 to 21. The U.S. Department of Education’s Institute of Education Sciences (IES) reports that 7.3...more

Harris Beach PLLC

Top 10 Special Education Issues for the 2023-24 School Year

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Harris Beach has a team of four attorneys paying close attention to issues and news in the special education arena. Based on their knowledge of the field, they have assembled a list of issues for school districts, special...more

Fox Rothschild LLP

Pennsylvania Department of Education Extends Special Education Eligibility to Age 22

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As school districts around the Commonwealth embark on the 2023-24 school year, the Pennsylvania Department of Education (PDE) has sprung a surprise by issuing direction that local educational entities (LEAs) must now provide...more

Kohrman Jackson & Krantz LLP

Ohio Advances Early Identification and Support for Students with Dyslexia

Starting this Fall, Ohio’s Dyslexia Law mandates that schools take a more holistic approach to dyslexia. For starters, school districts will have to screen all children in grades K-3 and students grades 4-6, if requested by...more

Pullman & Comley - School Law

Special Education Law Updates from the 2023 Session of the Connecticut General Assembly

To follow-up on our annual School Law legislative update, over the next few weeks we will be highlighting and analyzing the most important developments from this year’s session of the General Assembly that Connecticut K-12...more

Pullman & Comley - School Law

Impact on School District Policies from the 2023 Session of the Connecticut General Assembly

Last week Pullman & Comley released its annual comprehensive summary of legislation affecting Connecticut schools. Included here is our initial take on the key policy and procedural impacts as a result of this year’s...more

Pullman & Comley, LLC

Developments from the 2023 Session of the Connecticut General Assembly Affecting Public Schools

Pullman & Comley, LLC on

The 2023 Regular Session of the Connecticut General Assembly concluded on June 7, 2023.  The following is a brief description of acts that were passed by the General Assembly that may be of interest to Connecticut’s K-12...more

Harris Beach PLLC

New York Adopts New Regulations on Prohibition of Corporal Punishment, Aversive Interventions, Prone Restraint and Seclusion

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Under New York’s law and regulations, there are several well-settled guiding principles for physically interacting with students with disabilities: corporal punishment is prohibited; the use of aversive interventions has been...more

Harris Beach PLLC

New York Issues Legal Opinion that School Districts Provide Special Education Services Until Age 22

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New York’s State Education Department recently issued a recommendation that school districts provide special education services to some students with disabilities through age 22: an additional year that will likely impact...more

Roetzel & Andress

State Biennial Budget (HB33) Heads to Ohio Governor for Approval – Summary of Major Educational Changes

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The long-anticipated state biennial budget (Ohio House Bill 33) is headed to the Governor for approval. The Bill contains significant changes for Ohio schools; below is a summary of those changes. Also, be on the lookout for...more

Kohrman Jackson & Krantz LLP

COVID Learning Losses and IDEA Remedies: What Parents Must Know

School aged children lost much in the pandemic, including critical learning time in the classroom, social development, mental health, extracurricular activities, and much more. According to a 2023 study published in the...more

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