News & Analysis as of

Students Disability

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

by Franczek Radelet P.C. on

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

Office for Civil Rights Issues New Dear Colleague Letter Regarding ADHD

by Shipman & Goodwin LLP on

The Office for Civil Rights (OCR) issued another Dear Colleague Letter (DCL) on July 26, 2016 regarding the obligation of school districts to students with Attention Deficit Hyperactivity Disorder (ADHD) under Section 504 of...more

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

by Franczek Radelet P.C. on

The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

Top 4 Questions About Divorce and Special Education

by Burns & Levinson LLP on

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

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

by Cooley LLP on

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to...more

Government Group Scrutinizing Policies at Campuses

by Shipman & Goodwin LLP on

Racist chants by students at the University of Oklahoma have gained national attention in the press and on the internet. Challenges to policies on reasonable accommodations at colleges, universities and schools have also...more

Service animals in residence halls – an overview of federal requirements

by Ballard Spahr LLP on

Increasingly, students with disabilities bring service animals to college campuses. This means that educational institutions must sort through an array of competing federal and state laws governing the use of such animals in...more

Second Circuit Says Least-Restrictive Environment Requirement Applies to Extended-Year Placements

by Hodgson Russ LLP on

On April 2, 2014, the U.S. Court of Appeals for the Second Circuit held that the least-restrictive environment requirement (LRE) under the Individuals with Disabilities Education Act (IDEA) applies to extended school-year...more

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

by Franczek Radelet P.C. on

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

Athletics For Disabled Students

In what seems a surprising move to many, particularly for the Obama Administration, the Department of Education Office of Civil Rights (“OCR”) has backed away from last year’s strong policy statement on access to...more

Board of Regents Applies for ESEA Waiver for Students with Disabilities

by Hodgson Russ LLP on

On February 10, 2014, the New York State Board of Regents released a memorandum detailing its decision to submit an Elementary and Secondary Education Act (ESEA) waiver renewal request. The waiver request contains a number of...more

OCR Clarifies Dear Colleague Letter On Students With Disabilities In Extracurricular Athletics

by Franczek Radelet P.C. on

The U.S. Department of Education Office of Civil Rights (OCR) recently replied to a letter from the National School Boards Association (NSBA) seeking clarification on OCR’s January 25, 2013 Dear Colleague Letter on students...more

OCR’s Latest Interpretation On Participation Of Disabled Students In Extracurricular Athletic Activities

by Hodgson Russ LLP on

On January 25, 2013, the U.S. Department of Education’s Office for Civil Rights (OCR) issued an important “Dear Colleague” letter. The letter was intended to clarify school districts’ legal obligations to provide students...more

Provision Of FAPE Under The IDEA May Not Satisfy ADA For Students With Communication Impairments

by Franczek Radelet P.C. on

In combined cases K.M. v. Tustin Unified School District and D.H. v. Poway Unified School District, the Ninth Circuit determined that although the school districts provided the students with hearing impairments with a free...more

Third Circuit Finds That Student Misidentified As Disabled Cannot Bring IDEA Suit Against District

by Franczek Radelet P.C. on

The Individuals with Disabilities Education Act (IDEA) provides that the parent of a child with a disability can bring a due process complaint against a school district to address disputes related to the identification,...more

Leveling the Playing Field: Providing Equitable Athletic Opportunities for Disabled Students

by Pullman & Comley, LLC on

When Congress enacted Title IX of the Education Amendments of 1972, 20 U.S.C. §§1681 et seq. [“Title IX”], it forever changed the landscape of interscholastic and intercollegiate sports. Although as the recent Biediger v....more

Ninth Circuit Finds Scheduling Difficulties Do Not Excuse District From Excluding Parent From IEP Meeting

by Franczek Radelet P.C. on

In Doug C. v. State of Hawaii Department of Education, the IEP team had placed a student with autism in a private day school for the past 6 years....more

New OCR Guidance Lays Out School District Responsibilities To Serve Students With Disabilities In Athletics

by Franczek Radelet P.C. on

On January 25, 2013, the Office of Civil Rights of the U.S. Department of Education (OCR) issued a “Dear Colleague Letter” instructing school districts on their responsibilities to serve students with disabilities in...more

IHSA Under Pressure To Provide Accommodations To Student Athletes With Disabilities

by Franczek Radelet P.C. on

Section 504 of the Rehabilitation Act provides that “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be...more

University Agrees To Modify Dining Services To Accommodate Food Allergies under the ADA

by Ballard Spahr LLP on

The Department of Justice (DOJ) has reached an agreement with Lesley University of Cambridge, Massachusetts, under which Lesley agreed to modify its food services and meal plan system to accommodate students with celiac...more

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