News & Analysis as of

Public Schools IDEA

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

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

Harris Beach PLLC

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

Harris Beach PLLC on

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

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

Dickinson Wright

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

Dickinson Wright on

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...

Harris Beach PLLC on

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

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

Miller Canfield on

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

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

Epstein Becker & Green on

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

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2023

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Today, the Supreme Court of the United States issued one decision: Perez v. Sturgis Public Schools, No. 21-887: This case considered whether a federal education law’s administrative exhaustion requirements precluded a...more

Franczek P.C.

OSERS Guidance on Assistive Technology

Franczek P.C. on

In this third blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on an issue of special importance during and subsequent to...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

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Stimulus Package Includes $170 Billion for Education

The American Rescue Plan Act of 2021 adds funding and new programs for institutions of higher education. Appropriates approximately $170 billion for education, including more than $122 billion for elementary and secondary...more

Pullman & Comley - School Law

A Costly Mistake: Waiting Too Long To Correct an Error in an IEP

It is not uncommon for school districts and parents to disagree over what is to be included in a child’s individualized education program (“IEP”).  The Individuals with Disabilities Education Act (“IDEA”) provides a process...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.

What Will a Biden-Harris Administration Mean for Special Education?

Franczek P.C. on

While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...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

Bond Schoeneck & King PLLC

Parents File Nation-Wide IDEA Class Action Due to COVID-19 School Closures

Late last month, more than 100 parents of students with disabilities commenced a class action lawsuit in the U.S. District Court for the Southern District of New York against “every school district in the United States” and...more

Husch Blackwell LLP

Federal COVID-19 Resources For Education Institutions

Husch Blackwell LLP on

The outbreak of the novel coronavirus (COVID-19) has presented unprecedented challenges for public and private educational institutions across the country. As schools evaluate how to move forward, Husch Blackwell and our...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

Franczek P.C.

Illinois Senate Bill 460 Suspends Implementation of Draft IEP Paperwork Requirement

Franczek P.C. on

After pushback from Illinois school districts, an amendment to the Illinois School Code’s special education provisions will alleviate some, but not all, frustrations related to a recent law that added significant procedural...more

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