News & Analysis as of

Public Schools Free Appropriate Public Education (FAPE) IDEA

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

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

Franczek P.C.

New Federal Guidance Reiterates Child Find Responsibilities

Franczek P.C. on

Welcome to the 2021-2022 school year. As the new year gets underway, the Office of Special Education and Rehabilitative Services (OSERS) within the Department of Education advised states and districts that it will be...more

Franczek P.C.

Is Providing Services to the Greatest Extent Possible Enough?

Franczek P.C. on

The COVID-19 pandemic has presented hardships for all students and school leaders, and it has been particularly challenging for students with disabilities and their IEP teams. Over the last nine months,  districts and schools...more

Franczek P.C.

OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment

Franczek P.C. on

OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students...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

Mitchell, Williams, Selig, Gates & Woodyard,...

School Not Required to Pay Attorneys' Fees Even Where IDEA Violation Found

A hearing officer with the Arkansas Department of Education (“ADE”) finds that a school violated the Individuals with Disabilities Education Act (“IDEA”) by failing to evaluate and develop a behavior intervention plan (“BIP”)...more

Clark Hill PLC

Court Case Shows Importance of Monitoring Student Progress Under an IEP

Clark Hill PLC on

A recent decision by the United States Sixth Circuit Court of Appeals underscored the importance of monitoring and ensuring the progress of special education students under their Individualized Education Plans (“IEP”), and...more

Best Best & Krieger LLP

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

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

Fisher Phillips

Transforming Education – The DeVos Factor

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

Baker Donelson

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

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

Haight Brown & Bonesteel LLP

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

Bond Schoeneck & King PLLC

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Endrew v. Douglas County School District

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

Pullman & Comley - School Law

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

Fisher Phillips

Supreme Court Increases School Standards For Students With Disabilities

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

Dorsey & Whitney LLP

The Supreme Court - March, 2017 #3

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

Hinshaw & Culbertson LLP

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

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

Maynard Nexsen

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

Maynard Nexsen 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

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 Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...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.

Supreme Court Holds IDEA Exhaustion Required When Crux of Complaint Is a Denial of FAPE

Franczek P.C. on

The Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fry v. Napoleon Community Schools

On February 22, 2017, the United States Supreme Court decided Fry v. Napoleon Community Schools, No. 15-497, holding that a plaintiff need not exhaust administrative procedures under the Individuals with Disabilities...more

Haight Brown & Bonesteel LLP

The Scope of the IDEA Statute: How Far Must Local School Districts Go In Providing A “Free And Appropriate” Public Education?

Say what you will about the Roberts Court, but you cannot say it does not confront diffi cult issues that impact the everyday lives of most Americans. One of those issues presently before the Court is public education,...more

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