News & Analysis as of

Special Education Individualized Education Programs (IEPs) School Districts

Marshall Dennehey

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

Marshall Dennehey on

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.

Trends in Due Process Litigation

Franczek P.C. on

Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the...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

Pullman & Comley - School Law

A Costly Mistake: Waiting Too Long To Correct an Error in an IEP

It is not uncommon for school districts and parents to disagree over what is to be included in a child’s individualized education program (“IEP”).  The Individuals with Disabilities Education Act (“IDEA”) provides a process...more

Franczek P.C.

Planning for Return to In-Person Instruction: Special Education Considerations

Franczek P.C. on

ISBE and IDPH recently released their guidance related to Starting the 2020-21 School Year. The guidance addresses a broad range of topics, including some suggestions related to special education. The following week ISBE...more

Pullman & Comley - School Law

Special Education in the Age of the Coronavirus

Connecticut’s mandated closing of school districts up to March 31, 2020 in response to COVID-19 – more colloquially known as the Coronavirus – has left school districts struggling with how they can best continue to provide...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

Pullman & Comley - School Law

What If Your District Shuts Down and Cannot Meet the 180 School Day Minimum for Instruction?

As you are all aware, a basic educational requirement in the State of Connecticut is that each school district must make a minimum of 180 days of instruction available to students each school year. ...more

Best Best & Krieger LLP

New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Franczek P.C.

Bullying and Special Education in the New Decade: What You Need to Know

Franczek P.C. on

We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more

Franczek P.C.

2019 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more

Franczek P.C.

Opening the Floodgates? IL Law Requires Notice That Non-IEP-Eligible Students May Qualify for 504

Franczek P.C. on

With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more

Harris Beach PLLC

New York State Releases Clarifying Guidance on Student Immunization Law

Harris Beach PLLC on

On August 16, 2019, the New York State Education Department (“SED”) released additional guidance on implementing the recent changes to New York state’s Public Health Law, which repealed the religious exemption from...more

Franczek P.C.

Illinois Elementary School District Must Pay Over $300,000 in Tuition and Related Expenses, Including Future High School Tuition,...

Franczek P.C. on

An Illinois hearing officer recently took the rare step of requiring an elementary school district to pay for a former student’s entire high school tuition and related expenses at an out-of-state private boarding school for...more

Best Best & Krieger LLP

New Standard for FAPE - Program Must Allow Child to Make Progress “Appropriate in Light of Child’s Circumstances”

The decades-old standard for what constitutes a free appropriate public education for students with disabilities was changed in an opinion issued this week by the U.S. Supreme Court. The Court created a new standard in Endrew...more

Pullman & Comley - School Law

A Cadillac, A Serviceable Chevrolet Or Something In Between: The Supreme Court Is Poised To Redefine The Standard Of Education...

On January 11, 2017, the United States Supreme Court heard oral arguments in Endrew F. v. Douglas County School District, a case likely to change the landscape of special education by redefining the level of education that is...more

Pullman & Comley - School Law

Recording Special Education Team Meetings: Three Reasons Why Your School District Should Have a Written Policy

The audio recording of special education team meetings [“PPTs”] by parents and advocates has become a relatively accepted and common practice. Technically, school districts are only obligated to permit the recording of such...more

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