News & Analysis as of

IDEA

Franczek P.C.

ISBE Releases Guidance Document on Residential Placements

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ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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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

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

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Governor Josh Shapiro recently announced that the proposed 2024-2025 budget for the Pennsylvania Department of Education includes a $1,436,815,000 special education appropriation....more

Marshall Dennehey

Legal Update for Special Education Law – Case Updates Regarding Section 504 of the Rehabilitation Act

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Third Circuit affirms lower court finding that a school district did not violate the IDEA or Section 504 of the Rehabilitation Act. Zachary J. through Jonathan and Jennifer J. of Lafayette Hill, PA v. Colonial Sch. Dist.,...more

Franczek P.C.

Department of Education Dear Colleague Letter Provides Updated AT Device Guidance

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On January 22, 2024, the United States Department of Education (“USDOE”) issued a Dear Colleague Letter regarding supporting students with disabilities who require assistive technology (“AT”) in order to receive meaningful...more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Chambliss, Bahner & Stophel, P.C.

Should You Hire a Special Education Advocate?

The Individuals with Disabilities Education Act (IDEA) makes public education available to children with disabilities ages 3 to 21. The U.S. Department of Education’s Institute of Education Sciences (IES) reports that 7.3...more

Kohrman Jackson & Krantz LLP

Public or Private? Families of Children with Disabilities Face Tough Choices

While public schools are required to serve children with disabilities under the Individuals with Disabilities Education Act (IDEA), private schools are not required to meet the same standards. The IDEA provides: “[n]o...more

Manatt, Phelps & Phillips, LLP

CMS Issues Guidance on Medicaid and CHIP Services in School-Based Settings

On May 18, 2023, the CMS, in consultation with the DOE, released new guidance to support state Medicaid and Children’s Health Insurance Program (CHIP) agencies (SMAs), state education agencies (SEAs), and local education...more

Harris Beach PLLC

New York Issues Legal Opinion that School Districts Provide Special Education Services Until Age 22

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New York’s State Education Department recently issued a recommendation that school districts provide special education services to some students with disabilities through age 22: an additional year that will likely impact...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Roetzel & Andress

Section 504 Notice of Proposed Rulemaking Expected August 2023

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In May 2022, the U.S. Department of Education announced that it intended to strengthen and protect rights for students with disabilities by amending the regulations implementing Section 504 of the Rehabilitation Act of 1973...more

Kohrman Jackson & Krantz LLP

COVID Learning Losses and IDEA Remedies: What Parents Must Know

School aged children lost much in the pandemic, including critical learning time in the classroom, social development, mental health, extracurricular activities, and much more. According to a 2023 study published in the...more

Franczek P.C.

New Amendments to Illinois Special Education Regulations Increase Translation Accommodations for Parents and Guardians

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As part of its ongoing efforts to increase inclusivity towards non-native English speakers in the academic setting, the Illinois State Board of Education amended its special education regulations to expand access to...more

Allen Matkins

PropTech Update - 3.28.23

Allen Matkins on

REITs are increasingly reliant on technologies across the spectrum of information technology and operating technology that range from cloud-based systems and the Internet of Things (IoT) to automated building management...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

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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

Clark Hill PLC

Supreme Court’s Recent Decision: Perez v. Sturgis Public Schools

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The United States Supreme Court recently issued a unanimous decision, Perez v. Sturgis Public Schools et al., which provides clarification about the Individuals with Disabilities Education Act’s (“IDEA”) exhaustion...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

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

Harris Beach PLLC

U.S. Supreme Court Eases Pathway for Parents of Students with Disabilities to Initiate Lawsuits Seeking Monetary Damages from...

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On March 21, 2023, the United States Supreme Court issued a ruling that could significantly impact how special education claims against public school districts are litigated. In Perez v. Sturgis Public Schools, the Court...more

Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

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The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

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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

Fox Rothschild LLP

Supreme Court: Students With Disabilities May Be Able to Take Schools Directly to Court

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The U.S. Supreme Court has issued a decision in the case of Perez v. Sturgis Public Schools that would appear on first reading to expand the types of cases in which parents of students with disabilities can skip the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Perez v. Sturgis Public Schools

On March 21, 2023, the Supreme Court decided Perez v. Sturgis Public Schools, No. 21-887, holding that the Individuals with Disabilities Education Act’s (IDEA) exhaustion requirement, 20 U.S.C. § 1415(l), does not preclude an...more

Epstein Becker & Green

Court Unanimously Holds That IDEA Administrative Remedy Requirements Do Not Preclude Compensatory Damages Under ADA: SCOTUS Today

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While the backlog of argued cases pending decision has been growing substantially, the Court rendered only one opinion today, and it was unanimous....more

Foster Garvey PC

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

Foster Garvey PC on

Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more

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