This is one of those (rare) moments where, as a school lawyer, you think common sense has prevailed. We shouldn’t need a decision from a State hearing officer to tell us that once a parent has revoked consent for special education services, then the parent cannot come back and claim that the district has denied […]
A recent letter issued by the Office of Special Education Programs (OSEP) calls into question the practice of denying a request to evaluate a student for potential learning disabilities based upon the failure of the private school where the child attends to conduct Response to Intervention (RTI) activities (or, as we in Connecticut call it, […]
In a decision released by the Connecticut Supreme Court on November 16, 2010, Board of Education of Region 16 v. State Board of Labor Relations et al., Region 16 appealed to the Superior Court challenging a decision by the state board of labor relations (“SBLR”) which concluded that the school district had unilaterally changed a condition […]
In a decision released Monday by the State of Connecticut Department of Education, Case No. 09-552, a hearing officer found a student with asthma and allergies triggered by various environmental allergens, including mold and pollen, was not eligible for special education services under the category of Other Health Impaired (OHI). The student, a senior in high school […]
In June 2007, the CT DOE started the process of revising the state special education regulations, and circulated its proposals for public comment. Based on the responses, the Department decided to revise its proposal and restart the review process. A new draft has emerged, dated February 3, 2010. According to the accompanying memorandum from Commissioner […]
OCR’s guidance letter issued October 17, 2008 In Re: Report Cards and Transcripts for Students with Disabilities, 108 LRP 60114 (OCR 2008) clarifies that references to special education services received by a student are acceptable on report cards intended for parent use in measuring student progress, but not acceptable on transcripts that may be disclosed to employers […]
In a decision filed December 8, 2009, the United States District Court for the District of Oregon issued a ruling in the case that went all the way to the United States Supreme Court and back on the issue of whether a school district could be liable for tuition reimbursement to a private school in […]
In a report issued January 13, 2010, the Attorney General’s office recommended “as a first step toward full licensure through the Department of Public Health” that the Education Committee of the Connecticut Legislature support one of three options for licensure or certification of behavior analysts operating within Connecticut school districts. According to the AG’s Office […]
In a new decision issued October 9, 2009, T.Y. v. New York City Dept. of Education, 109 LRP 63646 (2d Cir. 2009), the Second Circuit Court of Appeals has ruled that it is not a procedural violation of the Individuals with Disabilities Education Act (IDEA) for the IEP not to name a specific school that is recommended for […]
The Supreme Court ruling in the Forest Grove School District v. T.A. case was released this week. Maybe it’s just me, but I don’t see this ruling as changing much of anything in the world of special education disputes, at least as far as Connecticut is concerned. Essentially, the Supreme Court ruled that 20 U.S.C. 1415(i)(2)(C)(iii) continues […]
