News & Analysis as of

Special Education IDEA

Tucker Arensberg, P.C.

Court Denies Civil Rights and Special Education Claims arising From Inappropriate Student Photograph

K. L. v. Dunmore School District, et. al. No. 3:24-cv-01461, 2025 U.S. Dist. LEXIS 188083 (M.D. Pa. September 24, 2025). District Court for Middle District of Pennsylvania denies federal claims under various civil rights and...more

Poyner Spruill LLP

Staffing Shortages – The “Why” and Strategies to Address Them

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In this episode of S.O.S.: Strategies for Operation Special Education, Poyner Spruill LLP attorney Rachel Nicholas sits down with Principal Researcher Dr. Allison Gilmour to unpack the causes behind staffing shortages and...more

Kohrman Jackson & Krantz LLP

Signing an Ohio IEP When You Disagree: A Parent Friendly Guide

If your child has an IEP in Ohio, you’ve probably faced the moment at the end of a meeting when someone hands you the signature page and says, “go ahead and sign here.” It can feel intimidating to speak up about any...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - January 2026

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Court Upholds Hearing Officer’s Decision and Grants Full Attorneys’ Fees After School Misses IDEA Appeal Deadline - A.L.L., A.L. v. Laboratory Charter School, 2025 WL 3269941 (E.D. Pa. Nov. 24, 2025) - The parent, A.L., filed...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - November 2025

Marshall Dennehey on

Eastern District of PA Finds that Section 504 of Rehabilitation Act Does Not Create a Stand-Alone Federal Cause of Action Based Upon Denial of Educational Records - Sandra S. v. Upper Darby Sch. Dist., No. CV 25-2389, 2025 WL...more

Offit Kurman

The Fallout of Shrinking Special Education Funding

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As public school districts approach the end of the fiscal year, the financial strain on special education programs is impossible to ignore. Across the country, administrators are sounding the alarm that a decrease in...more

Franczek P.C.

Title IX’s Current Regulatory Landscape and Its Implications for Special Education

Franczek P.C. on

While the 2024 Title IX regulations, in their short lifespan, had specific provisions about the role of members of the IEP team in determining supportive measures and other aspects of the process, the reinstatement of the...more

Tucker Arensberg, P.C.

Special Education Teacher’s Continuous Abuse Results in Federal Court Claims

Tucker Arensberg, P.C. on

Parents Matthew Hartzell and Courtny Roberts (“Parents”) enrolled their son (“Child”) in the Scranton School District (“District”) beginning in the 2021-2022 school year. The Child’s placement was in a special education class...more

Sands Anderson PC

Federal Judge Finds That Special Education Advocates Can Be Liable Under Attorney’s Fees Provisions of the IDEA and Awards Local...

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A ruling by the Eastern District of Virginia (EDVA) has clarified that school divisions have the legal right to seek attorney’s fees from special education advocates who repeatedly engage in frivolous or improper challenges....more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - June 2025

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Third Circuit Upholds Award of Attorneys’ Fees Despite Student’s Loss Before Administrative Law Judge - Augustyn v. Wall Twp. Bd. of Educ., No. 23-3156, 2025 WL 1352259 (3d Cir. May 9, 2025) - The student was unsuccessful...more

Kohrman Jackson & Krantz LLP

Compensatory Education vs. Extended School Year Services Under IDEA

As attorneys representing families and students with disabilities, we are often asked about the differences between compensatory education and Extended School Year (“ESY”) services for students with disabilities. While both...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education

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The Uncertain Future of Special Education: Presidential Authority and the Proposed Shift to HHS - With the United States Department of Education in a state of flux at the national level, one question that looms large is the...more

Venable LLP

An Independent School's Guide to Evaluating Federal Financial Assistance

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Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of...more

Miller Nash LLP

Practical Considerations for a Disciplined Approach to Student Discipline

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Schools consistently prioritize creating a safe educational environment for students and staff. Prevention and planning are a cornerstone of that process and appropriate discipline of students is a necessary component for...more

Miller Nash LLP

Don’t Let Concerns About Due Process Undo Your Process: A Checklist for Responding to Special Education Due Process Complaints

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Sometimes, despite the best and thorough efforts of school employees, parents of students receiving special education services will file a request for a due process hearing (usually known as a “due process complaint”). When...more

Miller Nash LLP

Special Education—Practical Tips From New Cases

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As school administrators know, there are always interesting updates for complying with the Individuals with Disabilities Education Act (IDEA). Recent cases provide important new information for K-12 school teams to improve...more

Franczek P.C.

ISBE Releases Guidance Document on Residential Placements

Franczek P.C. on

ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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District Court dismisses IDEA claim because plaintiffs failed to exhaust administrative remedies under the IDEA for education-centric claim even though plaintiffs sought money damages....more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

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Governor Josh Shapiro recently announced that the proposed 2024-2025 budget for the Pennsylvania Department of Education includes a $1,436,815,000 special education appropriation....more

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

Chambliss, Bahner & Stophel, P.C.

Should You Hire a Special Education Advocate?

The Individuals with Disabilities Education Act (IDEA) makes public education available to children with disabilities ages 3 to 21. The U.S. Department of Education’s Institute of Education Sciences (IES) reports that 7.3...more

Harris Beach Murtha

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

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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

Franczek P.C.

New Amendments to Illinois Special Education Regulations Increase Translation Accommodations for Parents and Guardians

Franczek P.C. on

As part of its ongoing efforts to increase inclusivity towards non-native English speakers in the academic setting, the Illinois State Board of Education amended its special education regulations to expand access to...more

Dickinson Wright

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

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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

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