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
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
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
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
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
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
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
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
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
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
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
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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