News & Analysis as of

Special Education

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

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

The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting Schools

The 2017 Regular Session of the Connecticut General Assembly concluded at midnight, June 7, 2017, without accomplishing its most important task (passing a budget). As such, the General Assembly will eventually have to convene...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 UniServ Representative is Not a Member of the IEP Team – 51-2017

by Pessin Katz Law, P.A. on

The UniServ Representative is Not a Member of the IEP Team - IEP meetings are meant to be collaborative sessions between educators and parents. But sometimes things do not go well. When an educator feels bullied,...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

CHRO – A New Horizon For Students With Disabilities?

As my colleague Rachel Ginsburg aptly foretold, Connecticut’s Commission on Human Rights and Opportunities [“CHRO”] has indicated an interest in involving itself with discrimination claims concerning the schools. A recent...more

Special Education TIP – 5-Day Rule: MSDE Provides a New Interpretation – 49-2017

by Pessin Katz Law, P.A. on

5-Day Rule: MSDE Provides a New Interpretation - Section 8-405 of the Education Article provides that except when there are extenuating circumstances, at least 5 business days before an IEP team meeting, the school...more

Special Education Tip – Say It Ain’t True – 49-2017

by Pessin Katz Law, P.A. on

Do you have relatives or friends who have favorite stories they tell over and over, embellishing the stories over the years until the stories barely resemble the originals? You smile and nod as they do this, as you are...more

Special Education Tip – Missing in Action-Violation of the Compulsory Attendance Law – 48-2017

by Pessin Katz Law, P.A. on

Missing in Action-Violation of the Compulsory Attendance Law - Maryland has a compulsory attendance law, found at Section 7-301 of the Education Article of the Annotated Code of Maryland. Every Maryland school system has...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

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