IEP

News & Analysis as of

OSERS Reminds of Need to Consider PBIS; Cautions on Use of Short-Term Removals and Exclusionary Discipline

The United States Department of Education’s Office for Special Education and Rehabilitative Services (OSERS) published a Dear Colleague Letter (DCL) on August 1, 2016 underscoring the importance of positive behavioral...more

DOE Dear Colleague Letter Advises Districts To Consider Whether IEPs of Students Experiencing Short-Term Disciplinary Removals...

On August 1, 2016, the United States Department of Education’s Office of Special Education and Rehabilitative Services and Office of Special Education Programs issued a Dear Colleague Letter suggesting that, in many cases, a...more

CAS Legal Mailbag Question of the Week - August, 2016

Dear Legal Mailbag: This is my 20th year in education. When I first started teaching, my administrators told me that a principal or administrator had to be present at every PPT. Later, I became a principal, and my...more

Anne Littlefield Quoted in Special Ed Connection Article, “Use Caution When Shortening Student’s School Day to Address Behavior”

A public charter school student with autism and an emotional disturbance is suspended frequently over the course of a school year, with 10 days of removals in total. In an effort to address his behavioral issues, which...more

Supreme Court Agrees to Hear Special Education Case

On June 28, the Supreme Court of the United States issued an order accepting to hear an appeal out of Michigan in the case Fry v. Napoleon Community Schools, No. 15-497, order granting cert, (June 28, 2016), that presents the...more

Transition Bill of Rights – New Notice Requirements

The Transition Bill of Rights for Parents of Students Receiving Special Education Services: - On May 17, 2016, the State Department of Education (“CSDE”) distributed to school superintendents the Transition Bill of...more

Second Circuit Holds District Denied FAPE by Refusing to Discuss Bullying at IEP Meeting

On January 20, 2016, the Court of Appeals for the Second Circuit issued its decision in T.K. v. New York City Dep’t of Educ., — F.3d —, 2016 WL 229842 (2d Cir. Jan. 20, 2016), an important decision regarding the role of a...more

“Some” Educational Benefit Is the Correct Standard for Determining FAPE Under the IDEA

The Fourth Circuit Court of Appeals recently reiterated that the correct standard for determining whether a student has received a free and appropriate public education (FAPE) is whether the student has received “some” rather...more

OSERS Issues Special Education Guidance

The Office of Special Education and Rehabilitation Services (OSERS), part of the United States Department of Education, recently issued two Dear Colleague letters, one related to students with dyslexia, dyscalculia, and...more

Court Finds School District May Have Violated Disabled Student’s Civil Rights

In T.B., et al. v. San Diego Unified School District (No. 12-56060, Amended 11/19/15), the United States Court of Appeals for the Ninth Circuit held that a reasonable jury could find the San Diego Unified School District...more

OSEP Issues Guidance Requiring IEPs to Be Aligned With Grade-Level Content Standards

Ever since New York State adopted the common core standards, there has been questions about how these standards would apply to students with disabilities. The response to these questions has been fairly consistent—disabled...more

2015 Legislative Update: Summary Of Changes In School Law

ADMINISTRATION - LALI’S LAW (HEROIN CRISIS ACT) - Public Act 99-0480 - Effective Date: September 9, 2015 - School districts, public schools, or nonpublic schools may now authorize a school nurse or trained...more

Special Education Student Succeeds In Bid For Fees Under Individuals With Disabilities Education Act

In T.B. v. San Diego United School District, 2015 DJDAR 8756, the United States Court of Appeals for the Ninth Circuit decided a fee case arising under the Individuals with Disabilities in Education Act (IDEA)....more

Top 4 Questions About Divorce and Special Education

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

Significant Changes to Law Concerning Physical Restraint and Seclusion in Schools Anticipated to be Effective July 1, 2015

The Legislature has passed Public Act No. 15-141: An Act Concerning Seclusion and Restraint in Schools(the “Act”), which makes significant changes to the law and regulations governing physical restraint and seclusion in...more

CAS Legal Mailbag Question of the Week – 6/16/15

I am just finishing up my first year as an assistant principal, and I hope that you can help me with an issue that has concerned me. Early in my tenure here, a paraprofessional asked to review the IEP for a student with whom...more

SDE Releases New “Working Definition” of Dyslexia for Special Education Eligibility

Last year the General Assembly enacted Public Act 14-39, which required the Connecticut State Department of Education (SDE) to add “SLD-Dyslexia” as a separate primary disability category under the existing “specific learning...more

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

Don’t Miss Two Changes To Special Education In The Illinois School Code

Two changes to the School Code took effect at the beginning of the 2013-2014 school year related to special education of which IEP teams should be aware. The first change relates to transition plans. ...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

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