USDOE Rejects NYS’s ESSA Waiver

On January 16, 2018, the U.S. Department of Education rejected New York’s application for a waiver of sections 1111(b)(1)(B) and (b)(2)(B)(i) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), 20 U.S.C. §...

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Update: R.E.B. v. Hawaii Department of Education

In R.E.B. v. Hawaii Dep’t of Educ., No. 14-15895, 2017 WL 4018395, --- F.3d ----, 117 LRP 38439 (9th Cir. Sept. 13, 2017) (per curiam, before Kozinski, Hawkins, and Bea), the parent of a child with autism contested a proposed IEP that called for the child to make the...

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What Fry Means to You

Of the two 2017 Supreme Court cases interpreting the Individuals with Disabilities Education Act, the importance of Endrew F. v. Douglas County School District RE-1, 137 S. Ct. 988, 69 IDELR 116 (Mar. 22, 2017), to Impartial Hearing Officers and State Review Officers...

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Applying Endrew F.

Endrew F. v. Douglas County School District RE-1, 137 S. Ct. 988, 69 IDELR 116 (Mar. 22, 2017) is old news by now. Decided on March 22, it overturned the Tenth Circuit’s “merely more than de minimis” standard for the educational benefit guaranteed by the Individuals...

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