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Failure to File Within 2 Years of KOSHK Limits Parents Claims

Failure to File Within 2 Years of KOSHK Limits Parents Claims

Sep 26, 2018 | by Special Education Solutions

A relatively recent case interpreting the due process statute of limitations provision of the Individuals with Disabilities Education Act is Brady P. v. Central York School District, No. 1:16-CV-2395, 2018 WL 1367325, 71 IDELR 215 (M.D. Pa. Mar. 16, 2018). The case...
OSEP Rejects Next Succeeding Business Day Rule

OSEP Rejects Next Succeeding Business Day Rule

Sep 26, 2018 | by Special Education Solutions

On April 19, 2018, Ruth E. Ryder, Acting Director of the U.S. Department of Education Office of Special Education Programs, issued a letter in response to questions raised by the New York State Education Department Office of Special Education about the effect of New...
Sixth Circuit – LRE Is A Strong Preference, But Not Absolute

Sixth Circuit – LRE Is A Strong Preference, But Not Absolute

Sep 26, 2018 | by Special Education Solutions

A relatively new case that merits attention is L.H. v. Hamilton County Department of Education, Nos. 17-5989, 18-5086, 2018 WL 3966517, — F.3d —-, 118 LRP 34015 (6th Cir. Aug. 20, 2018). The student, now 15, has Down Syndrome, and was educated in a...
Tuition Reimbursement and Equitable Factors

Tuition Reimbursement and Equitable Factors

Sep 25, 2018 | by Special Education Solutions

The topic of tuition reimbursement awards is one of continuing importance to impartial hearing officers. A new opinion, J.T. v. Department of Education, Civil No. 11-00612, 2018 WL 2449190, 72 IDELR 95 (D. Haw. May 31, 2018), sheds light on the subject. The decision...
Court Rejects Expanded Use of Sufficiency Dismissal

Court Rejects Expanded Use of Sufficiency Dismissal

Sep 25, 2018 | by Special Education Solutions

An instructive recent case on decisions about sufficiency of due process complaints is I.K. v. Montclair Board of Education, No. CV 16–9152, 2018 WL 2441761, 72 IDELR 101 (D.N.J. May 31, 2018) (unpublished). The court denied both a motion for summary judgment for the...
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Accommodations Advocates Auhtority to Reopen Case behavioral intervention Behavior services Calculating timelines Challenging Academic Standards Child-Find Comp Ed Compensatory Education District-Wide Assessment Endrew F. ESSA ESY Evaluation Exhaustion of Administrative Remedies FAPE Finality of IHO Decision IEP Implementation IEP Process Least Restrictive Environment LRE Maintenance of Placement Mediation Methodology Mootness Participation Rights placement Police Intervention Reconsideration of Decision Religious Instruction Residency Retaining Jurisdiction Retrospective Evidence RTI Scope of Due Process Hearings Section 504 SOL Statute of Limitations Stay-put Sufficiency of Due Process Complaint Timelines Tolling Transition Services Tuition Reimbursement

Recent Articles

  • Waiting 99 Days to Start Evaluation Process Resulted in Tuition Reimbursement Award in the Fifth Circuit
  • Failure to Provide Intensive Reading Intervention in IEP to Student Who Lacked Basic Reading Skills Resulted in Tuition Reimbursement
  • Fifth Circuit Rejects Monday Morning Quarterbacking in Eligibility Dispute

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