News & Analysis as of

Americans with Disabilities Act (ADA) IDEA Rehabilitation Act

Venable LLP

An Independent School's Guide to Evaluating Federal Financial Assistance

Venable LLP on

Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of...more

Kohrman Jackson & Krantz LLP

How to Handle Bullying of Your Child with Special Needs

Every school year, we receive calls from parents asking about how they can protect their child from being bullied. Bullying is a serious problem for any child. However, bullying is particularly a concern for children with...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

Marshall Dennehey on

District Court dismisses IDEA claim because plaintiffs failed to exhaust administrative remedies under the IDEA for education-centric claim even though plaintiffs sought money damages....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

Roetzel & Andress

Increased Focus For School Website Accessibility

Roetzel & Andress on

Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...more

Rumberger | Kirk

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

Rumberger | Kirk on

In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more

Seyfarth Shaw LLP

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

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

Franczek P.C.

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

Franczek 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

Hinshaw & Culbertson LLP

Special Education Student Succeeds In Bid For Fees Under Individuals With Disabilities Education Act

In T.B. v. San Diego United School District, 2015 DJDAR 8756, the United States Court of Appeals for the Ninth Circuit decided a fee case arising under the Individuals with Disabilities in Education Act (IDEA)....more

Franczek P.C.

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

Franczek 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

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