The Individuals with Disabilities Education Act (IDEA) is a landmark federal statute that protects the rights of children with disabilities to receive a free and appropriate public education. One of the keys to ensuring that a public school district provides an...
Fry Update: Parents’ Participation in PPT Meetings and Request for Mediation Does Not Necessarily Trigger IDEA Administrative Exhaustion Requirement
The IDEA currently requires a parent to “exhaust administrative remedies” before filing a complaint based on another statute, if the parent seeks relief that is available under the IDEA. In other words, a parent must file an IDEA due process complaint before filing a...
Supreme Court Denies Parents’ Petition for Review of Second Circuit FAPE Decision
On October 9, 2018, the United States Supreme Court denied a Petition for a Writ of Certiorari filed by the parents of a West Hartford student eligible for special education and related services, thus concluding over four years of litigation surrounding the provision...
Updated Federal Regulations: Rosa’s Law Changes Section 504 and IDEA References from “Mental Retardation” to “Intellectual Disability”
Beginning August 10, 2017, the regulations implementing Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 34 C.F.R. Part 104, and the Individuals with Disabilities Education Act (“the IDEA”), 34 C.F.R. Part 300, will be revised to change references to...
New IDEA Regulations Seek to Address Disproportionality on the Basis of Race and Ethnicity in Students with Disabilities
The United States Department of Education announced a new final regulation under Part B of the Individuals with Disabilities Education Act (“IDEA”). The final regulations establish one standard States must use in determining (and seeking to eradicate) significant...
Circuit Split Over FAPE Standard Poised for Resolution
Starting on January 11, the Supreme Court will hear oral arguments for Endrew F. v. Douglas County School District, an appeal from the Tenth Circuit in which the Court is tasked with determining whether school districts must provide students with disabilities an...
