News & Analysis as of

Disability Public Schools

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 5, 2022

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The California Supreme Court issued the following decisions: County of Butte v. Department of Water Resources, et al., No. S258574: California’s Department of Water Resources (DWR) operates the “Oroville Facilities,” an...more

Nelson Mullins Riley & Scarborough LLP

9 Landmark Cases in U.S. History that Protected the Rights of People with Disabilities

At the heart of the fight for disability rights is the belief that equitable access should be granted in all spaces where life exists. The Americans with Disabilities Act put in place a formal mechanism for protecting the...more

Husch Blackwell LLP

Federal COVID-19 Resources For Education Institutions

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The outbreak of the novel coronavirus (COVID-19) has presented unprecedented challenges for public and private educational institutions across the country. As schools evaluate how to move forward, Husch Blackwell and our...more

Harris Beach PLLC

New York State Board of Regents Amends Regulations Governing Inclusive Athletic Activities

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The New York State Board of Regents recently adopted an emergency rule that amends the Commissioner of Education’s Regulations governing participation in inclusive athletic activities, also known as “unified sports.” This...more

Harris Beach PLLC

Tis the Season for School Field Trips; Are You Including Students with Disabilities?

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A school district’s duty to accommodate students with disabilities extends beyond the classroom setting into field trips and other offsite, school-sponsored activities. School districts must accommodate students with...more

Harris Beach PLLC

New York State Education Department Releases Guidance on Law Related to Dyslexia, Dysgraphia and Dyscalculia

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The New York State Education Department (NYSED) recently released guidance related to students with dyslexia, dysgraphia, and dyscalculia. As we informed you through a Legal Alert issued in September 2017, the Commissioner...more

Harris Beach PLLC

Diploma Safety Net Option Expanded for NYS Students with Disabilities

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In December 2017, the Board of Regents adopted new emergency regulations that expanded the “superintendent determination” option for students with disabilities seeking to earn a local diploma upon high school graduation. ...more

Best Best & Krieger LLP

New Federal Regulations for Schools - Clarifies Language and Requirements Related to Special Education

Recently, the U.S. Department of Education published regulations to implement Rosa’s Law, legislation enacted in 2010 to replace the term “mental retardation” with “intellectual disability” in federal laws. These laws include...more

Fisher Phillips

February 2017: The 12 Biggest Labor And Employment Law Stories

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The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...more

Seyfarth Shaw LLP

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

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Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

Franczek P.C.

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

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The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

Burns & Levinson LLP

Top 4 Questions About Divorce and Special Education

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Divorce is more common than ever. According to the Center for Disease Control, another trend on the rise is the prevalence of Attention Deficit Disorder (“ADD”) and Attention Deficit Hyperactive Disorder (“ADHD”) diagnosed in...more

Cooley LLP

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

Cooley LLP on

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California School Teacher’s Claim That She Was Fired Due to a Computer Error

Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a...more

Franczek P.C.

Department of Education Closes 2014 with Prolific Guidance

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The U.S. Department of Education (DOE) was busy the last quarter of 2014, issuing guidance on six issues, plus another already in 2015. The Dear Colleague Letters (DCL), Frequently Asked Questions, and Fact Sheets provide an...more

Franczek P.C.

Court Says Schools Must Provide Extended School Year Services In A Student's Least Restrictive Environment

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Earlier this month, the U.S. Court of Appeals for the Second Circuit determined that a school district must provide extended school year (ESY) services in a student’s least restrictive environment (LRE)....more

Franczek P.C.

Provision Of FAPE Under The IDEA May Not Satisfy ADA For Students With Communication Impairments

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In combined cases K.M. v. Tustin Unified School District and D.H. v. Poway Unified School District, the Ninth Circuit determined that although the school districts provided the students with hearing impairments with a free...more

Franczek P.C.

Third Circuit Finds That Student Misidentified As Disabled Cannot Bring IDEA Suit Against District

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The Individuals with Disabilities Education Act (IDEA) provides that the parent of a child with a disability can bring a due process complaint against a school district to address disputes related to the identification,...more

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