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Special Education Free Appropriate Public Education (FAPE)

Miller Nash LLP

Special Education—Practical Tips From New Cases

Miller Nash LLP on

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

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 – Updates from the Pennsylvania Department of Education

Marshall Dennehey on

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

Fox Rothschild LLP

Pennsylvania Department of Education Extends Special Education Eligibility to Age 22

Fox Rothschild LLP on

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

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

Foster Garvey PC

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

Foster Garvey PC on

Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more

Tucker Arensberg, P.C.

COVID-19 Does Not Excuse Special Education Duties

Tucker Arensberg, P.C. on

A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more

Franczek P.C.

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

Franczek P.C. on

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more

Franczek P.C.

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more

Franczek P.C.

OCR Issues Fact Sheet on Providing FAPE During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under...

Franczek P.C. on

The Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how...more

Franczek P.C.

New OSERS Guidance on Reopening, Compensatory Services

Franczek P.C. on

The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more

Franczek P.C.

New Federal Guidance Reiterates Child Find Responsibilities

Franczek P.C. on

Welcome to the 2021-2022 school year. As the new year gets underway, the Office of Special Education and Rehabilitative Services (OSERS) within the Department of Education advised states and districts that it will be...more

Franczek P.C.

ISBE Releases Guidance on New Transition Laws

Franczek P.C. on

Earlier this summer, we let you know about two special education bills that had passed the Illinois legislature, which, if signed by the Governor, would provide additional services to some transition students. ...more

Franczek P.C.

COVID 19-Handbook V.2: What are the Implications for Special Education?

Franczek P.C. on

The Department of Education recently issued Volume 2 of its COVID-19 Handbook. The handbook offers suggestions for creating safe and healthy learning environments, addressing lost instructional time, and supporting educator...more

Franczek P.C.

Outgoing OCR Opens Investigations Into Special Education Services During Remote Learning

Franczek P.C. on

In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related...more

Franczek P.C.

Is Providing Services to the Greatest Extent Possible Enough?

Franczek P.C. on

The COVID-19 pandemic has presented hardships for all students and school leaders, and it has been particularly challenging for students with disabilities and their IEP teams. Over the last nine months,  districts and schools...more

Franczek P.C.

OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment

Franczek P.C. on

OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students...more

Pullman & Comley - School Law

Federal District Court Rules That Special Education Students Who Have Not Received a High School Diploma Continue to be Eligible...

The Federal District Court of Connecticut, in A.R. v. Connecticut State Board of Education, recently ruled that under the Individuals with Disabilities Education Act (“IDEA”) students in Connecticut have the right to special...more

Harris Beach PLLC

Special Education Evaluations and School Closure: Updates from the New York State Education Department

Harris Beach PLLC on

New York state’s mandated school closures due to COVID-19 have resulted in a number of questions related to special education. One such question relates to conducting special education evaluations. Under the regulations,...more

Franczek P.C.

“Extended School Year” When the Regular School Year Wasn’t Finished

Franczek P.C. on

Just as remote learning has become the new normal, we turn to planning for ESY and the 2020-21 school year. While the timeline for returning to school buildings remains uncertain, the eligibility of some students with...more

Franczek P.C.

ISBE Issues FAQ Regarding Special Education During Remote Learning

Franczek P.C. on

In a previous post, we forecasted further guidance from ISBE and the U.S. Department of Education to provide additional clarity for schools in regard to how to best serve students with disabilities during school closures as a...more

Franczek P.C.

Special Education and Remote Learning: Back to Basics

Franczek P.C. on

After three weeks of being out of school buildings and one week of remote learning, we can all see that the IDEA was not written for pandemics and widespread school closures. While requests for IDEA flexibility have been...more

Franczek P.C.

Department of Education Stresses Special Education Should Not Discourage Distance Learning Efforts

Franczek P.C. on

The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain...more

Franczek P.C.

Highlights from ISBE Special Education Guidance During the Mandated School Closure

Franczek P.C. on

On March 18, 2020, ISBE issued guidance on providing special education during the current mandatory two-week school closure. While the guidance responds to some of the questions arising from this unprecedented situation,...more

Franczek P.C.

In the Nick of Time—Special Education Timelines During School Closures for COVID-19

Franczek P.C. on

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more

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