The Blog: Simply Said
“Clerical Error” in IEP Proved Costly for One NYS School District
A recent decision from the Southern District of New York, Board of Education of Yorktown Central School District v. C.S., No. 17 CV 6542, 2019 WL 294799, 119 LRP 1767 (S.D.N.Y. Jan. 23, 2019), appeal filed, No. 19-270 (2d Cir. Jan. 29, 2019), presents issues...
Second Circuit: Repeated Goals Do Not Necessarily Deny FAPE
F.L. v. Board of Education of Great Neck U.F.S.D., 735 F. App’x 38, 72 IDELR 232 (2d Cir. Aug. 24, 2018), is non-precedential Second Circuit case that nonetheless holds interest for impartial hearing officers. The parent challenged IEPs from the 2012-13, 2013-14, and...
Consulting with Attorney/Advocate May Trigger SOL
Board of Education of the North Rockland Central School District v. C.M., 744 F. App’x 7, 72 IDELR 172 (2nd Cir. 2018), is a noteworthy case despite the fact that it is nonprecedential. The case involved a unilateral residential placement undertaken by the parents of...
Child Find Failure Resulted In SOL Being “Tolled”
In Wehrspann v. Dubuque Community School District, No. 15-CV-1029-LRR, 118 LRP 33775 (N.D. Iowa July 27, 2018) (magistrate judge report and recommendation), adopted, 2018 WL 3865379, 72 IDELR 212 (Aug. 14, 2018), the magistrate judge recommended that the district...
Funding of Stay-Put Must Continue Despite IHO Limiting Placement to Specific Dates
The litigation on the West Coast concerning the Anchorage school district may contain an important lesson for impartial hearing officers. In Anchorage Sch. Dist., v. M.G., No. 3:17-cv-00157-SLG, 2018 WL 1041535, 71 IDELR 192 (D. Alaska Feb. 23, 2018), the court...
Limitations on Parent’s Communication with District Upheld
A recent case of interest, Forest Grove School District v. Student, No. 3:14-CV-00444-AC, 2018 WL 6198281, 118 LRP 48402 (D. Or. Nov. 27, 2018), covered a wide range of issues. Of particular interest was the court’s ruling that limitations the district had imposed on...
RTI Not a Substitute to Obligation to Evaluate
Avaras v. Clarkstown Central School District, No. 15 CV 9679 (S..D.N.Y.) concerns a child identified as N.A. with reading difficulties and other conditions. He was provided academic intervention services and Response to Intervention services in kindergarten, and...
Systemic Failure in Providing Nursing, Transportation, and Porter Services Found to Deny FAPE
A case that came out at the end of last summer, J.L. v. New York City Department of Education, 324 F. Supp. 3d 455, 72 IDELR 237 (S.D.N.Y. Aug. 28, 2018), should be of interest to New York impartial hearing officers, even though the case did not originate through a...
Endrew F. Higher Standard Does Not Apply to Comp Ed – Sixth Circuit
Compensatory education services as a remedy for violations of IDEA can present difficult issues for Impartial Hearing Officers. Just how does the trier of fact measure the educational loss and calculate the remedial services that will be needed to make up for it? A...
Recent OSEP Letters of Import
This past year, the Office of Special Education Programs (OSEP) of the United States Department of Education issued a number of guidance letters that may be of use to Impartial Hearing Officers. Although OSEP always cautions that its responses to inquiries are...
Four-Month Child-Find Delay Unreasonable – Fifth Circuit
The child-find obligation imposed by the Individuals with Disabilities Education Act requires that school districts promptly identify, locate, and evaluate students who are suspected of having disabilities. 20 U.S.C. § 1412(a)(3)(A). In Krawietz v. Galveston...
Revisiting How We Look At The Second And Third Prongs In Reimbursement Cases
The topic of tuition reimbursement awards is one of particular importance to impartial hearing officers. A recent opinion, J.T. v. Department of Education, Civil No. 11-00612, 2018 WL 2449190, 72 IDELR 95 (D. Haw. May 31, 2018), serves as a good reminder of how the...
Failure to File Within 2 Years of KOSHK Limits Parents Claims
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
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
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 mainstream...
Tuition Reimbursement and Equitable Factors
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
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...
Mootness
A recent case of interest is Burke v. Hillsborough County School Board, No. 8:17–CV–993–T–33JSS, 2018 WL 1139064, 71 IDELR 187 (M.D. Fla. Mar. 2, 2018), appeal filed, No. 18-11257 (11th Cir. Mar. 29, 2018). The case involved a gifted third grader with autism who was...
Public School Placement More Restrictive than Private Placement
A recent case concerning several issues of interest to impartial hearing officers is R.A. v. West Contra Costa Unified School District, 696 F. App’x 171, 70 IDELR 88 (9th Cir. 2017). The case dealt with a ten-year-old student with autism spectrum disorder whose...
Tuition Reimbursement Awarded for Failure to Child Find, Implement IEP
Spring Branch Independent School District v. O.W., No. 4:16-CV-2643, 72 IDELR 11 (S.D. Tex. Mar. 29, 2018), merits the attention of impartial hearing officers. The court affirmed the decision of the due process hearing officer against the school district in a case...