News & Analysis as of

Students Disability IDEA

Fox Rothschild LLP

Supreme Court: Students With Disabilities May Be Able to Take Schools Directly to Court

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The U.S. Supreme Court has issued a decision in the case of Perez v. Sturgis Public Schools that would appear on first reading to expand the types of cases in which parents of students with disabilities can skip the...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

Fox Rothschild LLP

Court Finds Medical Condition May Trigger ‘Child Find’ Obligations

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Even a condition that seems purely medical may trigger Child Find duties for school officials under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act, particularly if there were “warning...more

Harris Beach PLLC

New York State Education Department Releases Guidance on Law Related to Dyslexia, Dysgraphia and Dyscalculia

Harris Beach PLLC on

The New York State Education Department (NYSED) recently released guidance related to students with dyslexia, dysgraphia, and dyscalculia. As we informed you through a Legal Alert issued in September 2017, the Commissioner...more

Best Best & Krieger LLP

New Federal Regulations for Schools - Clarifies Language and Requirements Related to Special Education

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

Seyfarth Shaw LLP

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

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Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

Franczek P.C.

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

Franczek P.C. on

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

Franczek P.C.

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

Franczek P.C. on

The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

Franczek P.C.

Provision Of FAPE Under The IDEA May Not Satisfy ADA For Students With Communication Impairments

Franczek P.C. on

In combined cases K.M. v. Tustin Unified School District and D.H. v. Poway Unified School District, the Ninth Circuit determined that although the school districts provided the students with hearing impairments with a free...more

Franczek P.C.

Third Circuit Finds That Student Misidentified As Disabled Cannot Bring IDEA Suit Against District

Franczek P.C. on

The Individuals with Disabilities Education Act (IDEA) provides that the parent of a child with a disability can bring a due process complaint against a school district to address disputes related to the identification,...more

Franczek P.C.

Ninth Circuit Finds Scheduling Difficulties Do Not Excuse District From Excluding Parent From IEP Meeting

Franczek P.C. on

In Doug C. v. State of Hawaii Department of Education, the IEP team had placed a student with autism in a private day school for the past 6 years....more

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