News & Analysis as of

Special Education

SDE Issues New Guidelines for IEEs and In-School Observations

by Shipman & Goodwin LLP on

On March 27, 2018, the Connecticut State Department of Education (SDE) issued the long-awaited and much-anticipated Guidelines Regarding Independent Educational Evaluations at Public Expense and In-School Observations. These...more

Latest Developments From The Connecticut General Assembly On Education Related Legislation (And A March 8th Public Hearing)

On Thursday, March 8, 2018, the General Assembly’s Education Committee will conduct a public hearing on the following proposed bills...more

After the MDR: What to do if student’s misbehavior is manifestation of disability

by Shipman & Goodwin LLP on

A middle school student with ADHD is suspended for 12 days after getting into a fight in the cafeteria. The student’s IEP team conducts a manifestation determination review and concludes that the student’s problem behavior...more

Special Education “Clean Up” From ED: Trump Administration Rescinds 72 Special Education Guidance Documents

by Husch Blackwell LLP on

On October 20, 2017, the Office of Special Education and Rehabilitation Services (OSERS) within the U.S. Department of Education rescinded 72 education policy guidance documents. Sixty-three of the documents are from the...more

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

2017 Legislative Summary (Part Two): The Budget “Implementer” And Its Effect On Connecticut’s Schools And Public Employers.

In 2017, our firm published a summary of new legislation affecting Connecticut’s schools and public sector employers. However, the 2017 “regular session” of the Connecticut General Assembly was not the final word. Due to the...more

The United States Department of Education Issues Guidance on the Meaning of FAPE

On December 7, 2017, the United States Department of Education’s Office of Special Education and Rehabilitative Services [“OSERS”] issued guidance for schools on determining whether a special education program is designed to...more

Department of Education Issues Guidance on Endrew F.

by Franczek Radelet P.C. on

The U.S. Department of Education recently issued a Q&A document providing guidance on the issues the U.S. Supreme Court addressed in its decision in Endrew F. v. Douglas County School District Re-1. The document explains the...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

U.S. Department of Education Assesses Implications of High Court’s Decision

by Barley Snyder on

The U.S. Department of Education has issued a Questions and Answers on the U.S. Supreme Court’s March decision in Endrew F. v. Douglas County School District....more

A Reminder of OCR Guidance Regarding Students With ADHD

by Tucker Arensberg, P.C. on

School Districts should keep in mind last year’s guidance from the U.S. Department of Education Office of Civil Rights (OCR) that students with attention deficit/hyperactivity disorder (ADHD) are entitled to equal educational...more

More Federal School Guidance Documents Come off the Ledger

by Barley Snyder on

The federal government has wiped away a host of special education guidance documents created over the past 30 years that it deemed antiquated....more

DOE Rescinds Guidance Documents Related to Idea and Rehabilitation Act

by Franczek Radelet P.C. on

On February 24, 2017, President Trump signed Executive Order 13777. This order required Federal agencies to evaluate their existing regulations and make recommendations to the agency head regarding their repeal, replacement,...more

Endrew F. In The Second Circuit – How Is The Court Applying The New Standard

Following the United States Supreme Court’s decision of earlier this year in Endrew F. v. Douglas County School District, appellate courts, including the United States Supreme Court, have typically remanded special education...more

2017 Education Legislation Summary

by Shipman & Goodwin LLP on

In its 2017 regular session, the General Assembly made a number of changes in the statutes affecting public education in Connecticut. This summary is intended to give you a brief overview of some of the more significant...more

Changes to New York State Education Department Procedural Safeguards Notice for Parents of Children with Disabilities

by Hodgson Russ LLP on

The New York State Education Department (SED) recently issued a memorandum requiring school districts to begin using a revised “New York State Education Department Procedural Safeguards Notice - Rights for Parents of Children...more

ALERT: Interim CT Legislative Update

by Pullman & Comley, LLC on

The Connecticut General Assembly enacted a number of laws during its regular session that will impact Connecticut schools and public-sector employers. Among other things, bills have been enacted that...more

Updated Guidance for Teaching English Learners in Pennsylvania

by Barley Snyder on

New state guidance released this month more clearly fleshes out a school’s responsibility toward its English learners and the rights those students have. The new guidance from the Pennsylvania Department of Education...more

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

Violation of Stay-Put Provisions Under the IDEA Can Be Costly

In what appears to be the first case of its kind within the Second Circuit, a United States District Court Judge within the District of Connecticut has crafted an order of over $200,000 in compensatory damages for a school...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

Special Education Tip – IDEA Does Not Provide for Summer Exceptions – 56-2017

by Pessin Katz Law, P.A. on

IDEA Does Not Provide for Summer Exceptions - Last week, Tips reviewed the necessity of complying with the 5-day rule for documents during the summer months. Another rule without a summer exception is the rule to have...more

Special Education Tip - The 5-Day Rule Applies in the Summer, Too - 55-2017

by Pessin Katz Law, P.A. on

The 5-Day Rule Applies in the Summer, Too, Even if Your Staff is Under the Boardwalk - This is such a difficult time of year to hold IEP team meetings. School is out and staff leave town. But IEP team meetings continue...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

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