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Obligation to Continue to Offer FAPE to Eligible Student in Private School

Obligation to Continue to Offer FAPE to Eligible Student in Private School

Feb 20, 2020 | by Special Education Solutions

L.B. v. Kyrene Elementary Dist. No. 28, No. CV-17-03316-PHX-SMB, 2019 WL 4187515, 75 IDELR 44 (D. Ariz. Sept. 4, 2019), appeal filed, No. 19-16971 (9th Cir. Oct. 4, 2019), takes up issues about due process complaint pleading, as well as the duty to evaluate students...
Obligation to Continue to Offer FAPE to Eligible Student in Private School

Lack of Objective Evidence of Progress Sinks Parent’s Tuition Reimbursement Request

Feb 20, 2020 | by Special Education Solutions

In R.H. v. Board of Education Saugerties Central School District, 776 F. App’x 719, 74 IDELR 221 (2d Cir. July 2, 2019), the Second Circuit Court of Appeals continued its pattern of denying tuition reimbursement for unilateral parental placements when there is not a...
Obligation to Continue to Offer FAPE to Eligible Student in Private School

Protracted FAPE Denial Warrants More Than Short-Term Fix

Feb 20, 2020 | by Special Education Solutions

Among the issues that hearing officers find most challenging are how to apply the free, appropriate public education standard of Endrew F. v. Douglas County School District. RE-1, 137 S. Ct. 988 (2017), how to apply the standard in cases involving post-secondary...
Obligation to Continue to Offer FAPE to Eligible Student in Private School

Court Rejects Request for Homebound Instruction for Student in Virtual School

Feb 20, 2020 | by Special Education Solutions

On-line education is a modern reality, and impartial hearing officers may want to know how courts have handled cases in which parents contend that an online educational institution or program has failed in the obligation to afford free, appropriate public education to...
Obligation to Continue to Offer FAPE to Eligible Student in Private School

Failure To Meet IEP Goal Is “Troubling,” But That Alone Is Not Enough

Feb 20, 2020 | by Special Education Solutions

Perkiomen Valley School District. v. S.D., No. CV 18-2093, 2019 WL 4675001, — F. Supp. 3d —-, 75 IDELR 67 (E.D. Pa. Sept. 24, 2019), appeal filed, No. 19-3410 (3d Cir. Oct. 18, 2019), is noteworthy as an example of a reviewing court’s careful examination...
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Recent Articles

  • Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator
  • Court Places Obligation on Parent to Seek Out Continuing Services After Rejecting an Offer of Services
  • Court Says School District Has Responsibility to Work Around the Grandparents Unwillingness to Implement a Virtual Program

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