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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 of a free appropriate public education (“FAPE”), and letting stand the 2018 decision of the […]

OSEP Issues Policy Guidance Letters Clarifying School District Obligations Related to Mandatory Assessments, Preschool Programming and Record Keeping

The United States Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) recently issued several policy guidance letters addressing important issues related to state and districtwide assessments, preschool programming, and disagreements during Planning and Placement Team (PPT) meetings, known under federal law as IEP team meetings.  While informal and nonbinding, these concise and digestible […]

OCR Publications Clarify District Obligations to Student with ADHD under Section 504

School is back in session once again, and districts are confronting the perennial challenge of educating students with a multitude of physical, cognitive and behavioral limitations. Among these conditions, Attention Deficit Hyperactivity Disorder (ADHD) stands out in both its ubiquity and its potential to thrust parents and school districts into conflict over appropriate educational programming. […]

IEP’s Must Align with State Academic Content Standards

On November 16, 2015, the Department of Education issued a Dear Colleague Letter providing guidance concerning the alignment of an individualized education program (IEP) with the state standards for academic grade-level content. The Department of Education stated that in adhering to federal laws requiring that all students within a state have the same academic content […]

U.S. Department of Education Issues Guidance Regarding Dyslexia, Dyscalculia, and Dysgraphia

On October 23, 2015, the Department of Education issued a Dear Colleague Letter providing guidance on the unique educational needs of students with dyslexia, dyscalculia, and dysgraphia. Despite generalized hesitancy to use these specific conditions in the evaluation and individualized education program (IEP) process, the U.S. Department of Education stated that there is nothing in […]

New Standard Proposed by EDNY for IEP’s of Bullied Special Needs Students

In a decision issued July 24, 2014, Senior United States District Court Judge Jack Weinstein has authored an opinion proposing a new standard for evaluating whether the IEP of a special education student who has experienced bullying provides that student with a free appropriate public education (FAPE).  In T.K. v. New York City Dept. of Educ., […]

New Guidance Released on Bullying as Related to Students with Disabilities

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (“OSERS”) published a new “Dear Colleague” letter in August which discusses best practices for handling of bullying cases involving a student with a disability.  The letter describes that the bullying of a student with a disability that results in the student not receiving meaningful educational benefit constitutes a […]

Parents Refuse Consent for IEP? Still No Obligation to Write 504 Plan

If you are responsible for the implementation of either IEP’s or Section 504 plans in your school district, at some point, you have probably encountered a situation where a parent refuses to provide consent (or revokes consent) for an IEP, and insists that the district instead implement a Section 504 Accommodation Plan.  If so, you […]

LABOR BOARD REBUKES TEACHER UNION CLAIM THAT NEW SOFTWARE CAUSED INCREASED WORK LOAD

In a move that seemed to defy logic, the Connecticut Education Association (CEA) on behalf of its local affiliate the Milford Education Association, filed a complaint claiming that a popular software program, specifically designed to make easier the process of completing paperwork following a Planning and Placement Team meeting (PPT) for a special education student, […]