Special Education

News & Analysis as of

Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same...

In E. M. v. Pajaro Valley Unified School District (July 15, 2014) No. 12-15743, the Ninth Circuit recently held that a student with an auditory processing disorder could be eligible for special education and related services...more

Just The Facts: Charter Schools (and Cutting Through Some Myths and Hot Air)

As anyone reading the newspapers can observe, Connecticut charter schools are receiving some unwanted attention these days due to: 1) a myriad of issues involving a charter school management company; and 2) virulent attacks...more

Summertime Blues: T.M. v. Cornwall and The Mainstreaming of Extended-School-Year Programs

In a decision that will likely result in both practical challenges and financial burdens for public school districts, the United States Court of Appeals for the Second Circuit held in T.M. v. Cornwall Central School District...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

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

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

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

Capital Wrap-Up April 2014 #1

In response to the recommendations made by the Governor’s Task Force on Child Protection, six child protection bills made it to the Governor’s desk this week. Two of those bills have been signed....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

Connecticut State Department of Education Due Process Hearing Decisions for the 2013 Calendar Year: A Summary

During 2013, the State Department of Education handled approximately 239 requests for due process hearings to resolve issues with student special education programs. Of those requests, only a small minority were resolved by a...more

Education Code Section 56041 Requires the District of the Parents' Residence to Provide Special Education Services to Eligible...

Pursuant to a request for a state law decision from the Ninth Circuit Court of Appeals, the California Supreme Court has interpreted Education Code section 56041 to say that the district of the parents' residence is...more

Insight on Estate Planning - Year End 2013: Provide for family members with special needs using an SNT

A special (or “supplemental”) needs trust (SNT) allows one to enhance a family member’s quality of life without jeopardizing his or her eligibility for government benefits, such as Medicaid or Supplemental Security Income....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

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

New Jersey Supreme Court Rules on Special Needs Trusts and Child Support Payments

In New Jersey, child support payments are considered an asset of the child, despite the fact that such payments are typically paid directly to the custodial parent....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

ISBE Regulations And Guidance On Certified School Nurses: Frequently Asked Questions & Answers

In July 2012, ISBE amended its regulations addressing the qualifications required for an individual to conduct medical reviews and make recommendations based on the findings of medical reviews. Medical reviews are conducted...more

New LAO Report "Overview of Special Education in California"

On January 3, 2013, the State's Legislative Analyst's Office ("LAO") issued a report entitled Overview of Special Education in California. The report provides a broad summary of special education....more

Legislative Update: Legislature Addresses Gifted And Talented Program, Indirect Cost Rates, Educational Placement Of Foster...

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Gifted & Talented Program — AB 2491 - Current law evidences the Legislature’s intent to...more

Seventh Circuit Rules in Favor of District in Case Filed by Special Education Support Teacher

In Jackson v. Indian Prairie School District the Seventh Circuit Court of Appeals held that the School District did not violate a special education support teacher’s substantive due process rights when the School District...more

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