Leading in a Lonely World Podcast: Meet Jamie Pagliaro, a Leader Who has Made His “Passion” for Helping Others His Life’s Work
Top 10 Actions (or Inactions), that Spur Special Education Impartial Hearing Requests for School Districts
Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more
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
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
Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more
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
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
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
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
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
School districts have an additional defense in their arsenal when faced with an alleged procedural violation of the IDEA: the student’s own poor motivation. The United States Fourth Circuit Court of Appeals, whose...more
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
During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.” That is much the same...more
The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) has issued new guidance in response to concern that some public agencies are filing due process complaints concerning the same...more
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
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