News & Analysis as of

Public Schools Free Appropriate Public Education (FAPE)

U.S. Department of Education Issues Guidance on Providing FAPE After Supreme Court Decision in Endrew

by Hogan Lovells on

In Endrew, the U.S. Supreme Court ruled in favor of a higher standard of education for children with disabilities, which then raised many fundamental questions about special education across the nation. What is required for a...more

Implementation of Endrew F. Case: What Should Teams Be Thinking About?

by Barley Snyder on

In one of the most significant special education decisions issued since the reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004, the U.S. Supreme Court unanimously held that the IDEA requires a...more

Office of Special Education and Rehabilitative Services Issues Q&A Guidance on FAPE Standard Under Endrew F.

by Hodgson Russ LLP on

As we previously reported, the United States Supreme Court’s recent decision in Endrew F. v. Douglas County School District RE-1 addressed the standards by which schools must provide students with disabilities a free...more

New Federal Regulations for Schools - Clarifies Language and Requirements Related to Special Education

by Best Best & Krieger LLP on

Recently, the U.S. Department of Education published regulations to implement Rosa’s Law, legislation enacted in 2010 to replace the term “mental retardation” with “intellectual disability” in federal laws. These laws include...more

Feds Align IDEA Regulations with ESSA Requirements

by Barley Snyder on

With changes to other federal regulations, the U.S. Department of Education needed to do some updating of its own rules. That came Friday morning, when the department issued final regulations under Part B and C of the...more

Special Education Tip – Put Your Hands Over Your Ears – 54-2017

by Pessin Katz Law, P.A. on

Put Your Hands Over Your Ears - It is always a good time to remember what you do not want to hear at IEP team meetings. The following has been heard at recent meetings...more

Special Education Tip – Let Me Speak My Mind – 53-2017

by Pessin Katz Law, P.A. on

Let Me Speak My Mind - If you have a student who requires Assistive Technology (“AT”) (low tech or high tech) to communicate, now is the time to plan staff training in the use of the AT. The AT training should be conducted...more

Special Education Tip – I Want My Child to Be Like Everyone Else – 52-2017

by Pessin Katz Law, P.A. on

I Want My Child to Be Like Everyone Else - You hear it a lot at IEP and 504 meetings: parents who do not want special transportation, pull-out instruction, or supplementary aids and services because they do not want their...more

Special Education Tip – The Russians are Coming, The Russians are Coming!!! – 50-2017

by Pessin Katz Law, P.A. on

The Russians are Coming, The Russians are Coming!!! We hear a lot in the news about Russian espionage in connection with national affairs. Of equal interest for readers of Tips is espionage during IEP team meetings. Not...more

Special Education Tip – Private Psychological or Medical Reports – 47-2017

by Pessin Katz Law, P.A. on

When You Receive the Private Psychological or Medical Reports, What Should You Be Asking? The private psychological and medical reports regularly show up in IEP team meetings, filled with inaccurate authoritative...more

Avoid Delays in Responding to Behavioral Concerns in Education

by Barley Snyder on

A recent federal court decision serves as an important reminder to local education agencies (LEAs) about flexibility and the need to deviate from customary practice when students exhibit significant behavioral issues....more

Special Education Tip - Supreme Court Issues Landmark Decision on the FAPE Standard - 42-2017

by Pessin Katz Law, P.A. on

We have been eagerly awaiting the decision of the Supreme Court in Endrew F. v. Douglas County School District. On March 22, 2017, in a unanimous decision, the Supreme Court held that to meet its substantive obligation under...more

Transforming Education – The DeVos Factor

by Fisher Phillips on

Now that debates have faded over the definition of student performance and whether guns in schools are necessary to protect against grizzly bears, everyone is settling into the reality that Betsy DeVos now leads our nation’s...more

Supreme Court Rules in Favor of Expanding the Rights of K-12 Special Education Students

by Baker Donelson on

The United States Supreme Court has ruled students with disabilities in grades K-12 are entitled to meaningful academic progress. On March 22, 2017, the Court decided the case of Endrew F. v. Douglas County School District,...more

Supreme Court’s Evolving Approach to Special Education

In Endrew F., et al. v. Douglas County School District (No. 15-827), the Supreme Court of the United States expanded on its long-standing interpretation of the substantive right to a “free appropriate public education” (known...more

U.S. Supreme Court Decides Special Education Case

On March 22, 2017, the U.S. Supreme Court issued a unanimous decision regarding a matter of significant concern to school districts. In the case of Endrew F. v. Douglas County School District RE-1, the Supreme Court held...more

New Standard for FAPE - Program Must Allow Child to Make Progress “Appropriate in Light of Child’s Circumstances”

by Best Best & Krieger LLP on

The decades-old standard for what constitutes a free appropriate public education for students with disabilities was changed in an opinion issued this week by the U.S. Supreme Court. The Court created a new standard in Endrew...more

Supreme Court Decides Endrew v. Douglas County School District

by Faegre Baker Daniels on

On March 22, 2017, the United States Supreme Court decided Endrew v. Douglas County School District, No. 15-827, holding that the Individuals with Disabilities Education Act (IDEA) requires participating schools to offer an...more

United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational...more

Supreme Court Increases School Standards For Students With Disabilities

by Fisher Phillips on

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act...more

The Supreme Court - March, 2017 #3

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: Czyzewski v. Jevic Holding Corp., No. 15-649: Respondent Jevic Transportation filed for Chapter 11 bankruptcy. This spawned two lawsuits. ...more

Supreme Court sends lower courts back to work on FAPE

by Barley Snyder on

While stopping short of establishing a bright-line rule, the U.S. Supreme Court came very close in evaluating whether a local educational agency has offered a student a free and appropriate education (FAPE). The Court...more

U.S. Supreme Court Clarifies Standards for Free Appropriate Public Education

by Hinshaw & Culbertson LLP on

In a unanimous decision, the U.S. Supreme Court issued its decision today on the appropriate standard for determining what constitutes a Free Appropriate Public Education (FAPE) in Endrew F. v. Douglas Cty. Sch. Dist. RE-1,...more

The Endrew Decision: A Better Educational Standard for Special Needs Students.

by Nexsen Pruet, PLLC on

March 22, 2017 will go down as a good day for parents, like me, who have a child in the public education system who has special needs. In a time when many of the exceptional children's programs in this state and in this...more

Supreme Court Clarifies FAPE Standard in Endrew F. Case

by Shipman & Goodwin LLP on

For the first time in nearly 35 years, the Supreme Court of the United States has addressed the legal standard by which courts determine whether a school district has provided a student with a disability a “free appropriate...more

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