News & Analysis as of

Special Education Public Schools

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

Poyner Spruill LLP

Strategic Planning: Making NC Public Schools the Best in the Nation for ALL Students

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In this episode of S.O.S. Strategies for Operation Special Education, Poyner Spruill LLP education attorney Rachel Nicholas sits down with North Carolina’s State Superintendent of Public Instruction Mo Green for an in-depth...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education - December 2025

Marshall Dennehey on

The Dismantling of the U.S. Department of Education Continues - The Trump Administration is continuing its efforts to shutter the U.S. Department of Education (DOE) by delegating the responsibility of administering several...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

Offit Kurman on

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

Pullman & Comley, LLC

Developments from the 2025 Session of the Connecticut General Assembly Affecting Schools (and Public Employers)

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The following is a brief description of acts that were passed during the 2025 Session of the Connecticut General Assembly that may be of interest to Connecticut school leaders. ...more

Miller Canfield

Supreme Court: Stop Holding Disabled Students to a Higher Bar

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Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more

Shipman & Goodwin LLP

Special Education Legislative Update

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In its recently adjourned session, the General Assembly passed two major bills regarding special education. Although the Governor has not yet signed these bills, we wanted to provide a brief and non-exhaustive overview of the...more

McCarter & English, LLP

New Jersey FY 2026—Department of Education Budget Hearing

On April 21, 2025, New Jersey Department of Education (NJDOE) Commissioner Kevin Dehmer testified before the Assembly Budget Committee to present the Department’s FY 2026 budget proposal. The proposal outlines a $22.2 billion...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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Commonwealth Court Rules Sexual Abuse Provision of Government Immunity Under the Political Subdivision Tort Claims Act Is Limited to Persons Under the Age of 18 - W. on behalf of S.W. v. Pittsburgh Pub. Sch., 327 A.3d 340...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update – January 2025

Marshall Dennehey on

Due to the situation-specific nature of parental involvement in educational decisions, nonparticipation in one decision due to a procedural inadequacy is not automatically a major barrier to a parent’s input in the overall...more

Shipman & Goodwin LLP

Peter Maher Quoted in SpecialEdConnection Article Entitled "See notice of unilateral placement as chance to win parents back to...

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Imagine that an IEP meeting is scheduled for a couple of weeks from now. The parents have just informed you that they have decided to unilaterally place their child in the private school down the street. You may think your...more

Miller Nash LLP

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

Miller Nash LLP on

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

Chambliss, Bahner & Stophel, P.C.

Microschools as an Option for Students With Disabilities

By law, public schools in the United States must provide services and support for students with special needs. However, some families find that an alternative to public schooling, known as microschools, better suits their...more

Pullman & Comley, LLC

Developments from the 2024 Session of the Connecticut General Assembly Affecting Schools (and Public Employers)

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The following is a brief description of acts that were passed during the 2024 Session of the Connecticut General Assembly that may be of interest to Connecticut school leaders.  ...more

Marshall Dennehey

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

Marshall Dennehey on

PDE PUBLISHES 2022–2023 REPORT OF EXPENDITURES RELATING TO EXCEPTIONAL PENNSYLVANIA STUDENTS - Act 16 of 2000, in part, amended Section 1372 of the Public School Code of 1949, and it requires the Pennsylvania Department of...more

Franczek P.C.

Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs

Franczek P.C. on

On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state...more

Tucker Arensberg, P.C.

Commonwealth Court Overturns PDE Regulation Requiring FAPE Until Special Education Students Turn 22 Years Old

Tucker Arensberg, P.C. on

On May 16, 2024, the Pennsylvania Commonwealth Court overturned a Pennsylvania Department of Education (“PDE”) regulation stating special education students are entitled to a free and appropriate public education until the...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

Pullman & Comley - School Law

Special Education Law Updates from the 2023 Session of the Connecticut General Assembly

To follow-up on our annual School Law legislative update, over the next few weeks we will be highlighting and analyzing the most important developments from this year’s session of the General Assembly that Connecticut K-12...more

Pullman & Comley, LLC

Developments from the 2023 Session of the Connecticut General Assembly Affecting Public Schools

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The 2023 Regular Session of the Connecticut General Assembly concluded on June 7, 2023.  The following is a brief description of acts that were passed by the General Assembly that may be of interest to Connecticut’s K-12...more

Harris Beach Murtha

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

Harris Beach Murtha 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

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