News & Analysis as of

Individualized Education Programs (IEPs) Due Process

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...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

Franczek P.C.

What Are Hearing Officers Saying about Remote Learning?

Franczek P.C. on

Now that many of us have been doing some form of remote learning for close to 7 months, we are starting to see hearing officers and state agencies weigh in to resolve complaints related to the appropriateness of remote...more

Franczek P.C.

Will Hearing Officers and Courts Order In-Person Instruction as Stay-Put?

Franczek P.C. on

While only a handful of cases have been reported related to districts’ provision of special education services remotely, we are watching carefully for lessons learned. So far, courts have not required in-person instruction as...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

Pullman & Comley - School Law

United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Clarifies Standards for Free Appropriate Public Education

In a unanimous decision, the U.S. Supreme Court issued its decision today on the appropriate standard for determining what constitutes a Free Appropriate Public Education (FAPE) in Endrew F. v. Douglas Cty. Sch. Dist. RE-1,...more

Maynard Nexsen

The Endrew Decision: A Better Educational Standard for Special Needs Students.

Maynard Nexsen on

March 22, 2017 will go down as a good day for parents, like me, who have a child in the public education system who has special needs. In a time when many of the exceptional children's programs in this state and in this...more

Franczek P.C.

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

Franczek P.C. on

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

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