IDEA

News & Analysis as of

Department of Education Issues Guidance on Sufficient Communication Modalities

On November 12, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS), and the U.S. Department of Justice distributed a joint Dear...more

Circuit Court Finds Stay Put Does Not Apply to Unilateral Placement

The Individuals with Disabilities Education Act (IDEA) provides that during the pendency of a dispute, a student must remain in his/her “then-current educational placement”; this is known as stay put. The IDEA does not,...more

Public School Advocacy Groups Seek Supreme Court Review of “Stay-Put” Placements in Private Schools

One of the most important due process protections afforded to disabled students under the Individuals With Disabilities Education Act (IDEA) is the principle of “stay-put” or “pendency” placement....more

Amended California Special Education Regulations In Effect

Nearly 14 years after President Bush signed the IDEA Improvement Act of 2004, special education regulations found in the California Code of Regulations, title 5, sections 3001-3088, have been updated and became effective July...more

School Segregation of Special Needs Students

The Individuals with Disabilities Education Act (“IDEA”) requires public schools to develop an Individualized Education Program for every student with a disability who is found to meet the federal and state requirements for...more

Second Circuit Says Least-Restrictive Environment Requirement Applies to Extended-Year Placements

On April 2, 2014, the U.S. Court of Appeals for the Second Circuit held that the least-restrictive environment requirement (LRE) under the Individuals with Disabilities Education Act (IDEA) applies to extended school-year...more

Attorneys’ Fees Awarded To Charter School In IDEA Action

The District Court for the District of Columbia recently issued a decision awarding attorneys’ fees to a charter school (that operates as its own local education agency), finding that the parent’s attorney filed and continued...more

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

Class Action Chronicle - Winter 2013

"In This Issue: - Courts Weighs in on Ascertainability - CLASS CERTIFICATION DECISIONS: ..Decision Granting Motion to Strike ..Decisions Denying Motions to Strike ..Decisions Rejecting/Denying...more

The U.S. Department of Education Continues Its War on Bullying - “Dear Colleague” Letter Focuses on Protecting Students with...

A school district’s failure to properly address bullying of students with disabilities could result in a denial of a free appropriate public education (FAPE) for those students. This is the message clearly conveyed to school...more

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

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

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

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

DOE Releases “Dear Colleague Letter” On School District Responsibilities To Address Bullying Of Students With Disabilities

On August 20, 2013, the Office of Special Education and Rehabilitative Services (OSERS) released a “Dear Colleague Letter” providing an overview of school districts’ responsibilities under the Individuals with Disabilities...more

Hughes Bill Repealed as Part of Trailer Bill AB 86

Another component of the budget trailer bill, AB 86, repeals the “Hughes Bill” mandate imposed on Local Educational Agencies (“LEAs”) to provide specific behavioral assessments and interventions for special education students...more

Ninth Circuit Finds Scheduling Difficulties Do Not Excuse District From Excluding Parent From IEP Meeting

In Doug C. v. State of Hawaii Department of Education, the IEP team had placed a student with autism in a private day school for the past 6 years....more

Individualized Education Program Meeting Held Without Parental Participation Violated Individuals With Disabilities Education Act

A parent claimed the Hawaii Department of Education (“Department”) violated the Individuals with Disabilities Education Act (“IDEA”) when it held a student’s annual individualized education program (“IEP”) meeting without...more

ISBE Proposes To Repeal Regulation Targeting Special Education Class Size And General Education Definition

Since the IDEA’s precursor, the Education for All Handicapped Children’s Act, almost 40 years ago, ISBE has regulated the size and staffing of special education classrooms....more

No Obligation to Coordinate or Pay for Disability-Based Personal Care Services at Colleges and Universities

Some students with disabilities need on-campus personal care attendants to assist them with daily activities such as dressing, transferring to and from wheelchairs, feeding, personal hygiene, and navigating the campus. Both...more

Are Emails, Texts, Tweets, And Other Digital Communications Student Records Under FERPA And State Law?

As schools increase the use of technology to communicate with and about students, questions arise about the intersection between the data created and student records laws, such as the Federal Educational Rights and Privacy...more

School District Granted Substantial Attorneys’ Fees Award For Its Defense Of Frivolous Lawsuit Brought By A Student’s Parent

A federal district court found in favor of a school district in a lawsuit filed by a student’s parent under the Individuals with Disabilities Act (“IDEA”) to appeal a decision of an Administrative Law Judge (“ALJ”). The...more

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