The Blog: Simply Said
No FAPE Denial Where Parent Had Already Walked Away
A lot of what lands in front of impartial hearing officers (IHOs) boils down to two questions: did the school district trip over the procedural rules, and did the student actually get a free, appropriate public education (FAPE) under the Individuals with Disabilities...
Class-Size Options, Not Class-Size Add-Ons
Last June, this blog covered Cruz v. Banks, 134 F.4th 687, 125 LRP 12165 (2d Cir. Apr. 15, 2025), certified question accepted, No. 64, 2025 WL 1439661 (N.Y. May 20, 2025) – a fight over whether the New York City Education Department offered a free, appropriate public...
No Carve-Out: Religious Instruction as Part of FAPE
Whether public money can flow to religious instruction is a question the Supreme Court has answered in very different ways over time. Longstanding constitutional doctrine and federal regulations say the government must not contribute to the establishment of religion...
The Building Moved, the Program Didn’t
When a family moves across town and the school district reassigns their child to a different building, is that a change of educational placement under the Individuals with Disabilities Education Act (IDEA)? That is the question at the heart of Fofanah v. Board of...
A Reduced Fee Award and a Rejection of AI-Generated Support
In S.C. v. New York City Dep’t of Educ., No. 23 CIV. 1266 (LGS), 2024 WL 3518522, 124 LRP 28367 (S.D.N.Y. July 24, 2024), the court adopted a magistrate judge’s recommendation that attorneys’ fees be awarded to a prevailing parent in a reduced amount following...
Pendency Payments After the School Year Ends
Payment disputes under the maintenance of placement provision of the Individuals with Disabilities Education Act (IDEA) continue to generate federal litigation in New York. In Chaperon v. Banks, No. 24-CV-05135 (JAV), 2025 WL 2207908, 125 LRP 22657 (S.D.N.Y. Aug. 4,...
Exhaustion Did Not Bar Challenge to Age-21 Service Cutoff
In J.M. v. New York City Department of Education, 161 F.4th 149, 125 LRP 32414 (2d Cir. Dec. 9, 2025), the Second Circuit vacated the dismissal of a class action challenging New York City’s alleged policy of discontinuing Individuals with Disabilities Education Act...
Absenteeism Alone Did Not Trigger Child Find
In A.P. v. Pearland Independent School District, 158 F.4th 672, 125 LRP 30747 (5th Cir. Nov. 10, 2025), the Fifth Circuit rejected parents’ claims that a school district violated its child find obligations and improperly denied eligibility for special education under...
An IEP Must Prevent Regression, Not Just Show Effort
In North East Independent School District v. I.M., No. 24-50833, 2025 WL 3251027, ___ F.4th ___, 125 LRP 31441 (5th Cir. Nov. 21, 2025), the Fifth Circuit affirmed the decisions of an impartial hearing officer and district court concluding that the district denied a...
Misuse of Generative AI by Educational Advocate Prompted Judicial Warning
In Powhatan County School Board v. Skinger, No. 3:24cv874, 125 LRP 17324 (E.D. Va. June 2, 2025), motion to vacate denied, 2025 WL 1842621 (E.D. Va. July 2, 2025), the district court addressed improper filings submitted by a pro se defendant who acted as an advocate...
IEP Was Not “Mathematically Impossible” to Implement
In Ogunleye v. Banks, No. 23-cv-9524, 2025 WL 2050973, 125 LRP 21674 (S.D.N.Y. July 21, 2025), appeal filed, No. 25-1994 (2d Cir. Aug. 18, 2025), the district court upheld a proposed public school program under the Individuals with Disabilities Education Act (IDEA)...
Likelihood of Regression, Not Past Regression, Drives ESY
In T.F. v. District of Columbia, No. 1:23-cv-03612, 2025 WL 947524, 125 LRP 9183 (D.D.C. Mar. 8, 2025), the district court addressed challenges to individualized education programs (IEPs) involving extended school year (ESY) services, post-secondary transition...
FERPA Did Not Bar Discovery of Classroom Video
In G.B. v. Woods County Board of Education, No. 2:24-cv-00220, 2025 WL 1922471, 125 LRP 17318 (S.D. W. Va. June 2, 2025), the district court addressed discovery disputes concerning classroom video recordings in litigation arising from the restraint of a six-year-old...
Categorical Placement Policies Are Suspect Under IDEA’s Individualization Requirement
In Jacobs v. Salt Lake City School District, No. 23-4058, 2025 WL 2858650, --- F.4th ---, 125 LRP 29753 (10th Cir. Oct. 9, 2025), the Tenth Circuit reversed dismissal of claims alleging that a school district violated the Individuals with Disabilities Education Act...
Failure to Give Ten-Day Notice Defeated Reimbursement
In Landsman v. Banks, No. 24-2303, 2025 WL 2155553, 125 LRP 22327 (2d Cir. July 31, 2025) (unpublished), the Second Circuit affirmed denial of tuition reimbursement under the Individuals with Disabilities Education Act (IDEA) where the parent failed to provide the...
Good-Faith Rejection Preserved Attorneys’ Fees
In N.G.B. v. New York City Department of Education, 146 F.4th 195, 125 LRP 21666 (2d Cir. July 24, 2025), the Second Circuit applied the Individuals with Disabilities Education Act’s (IDEA) fee-shifting provisions to affirm an award of attorneys’ fees incurred after a...
Comparable Services Did Not Require Identical Personnel
In Panicacci v. West Ada School District No. 2, No. 1:21-CV-00329 WBS, 2025 WL 1518812, 125 LRP 16127 (D. Idaho May 28, 2025), motion for new trial denied, 2025 WL 2256881 (D. Idaho Aug. 7, 2025), the district court addressed the Individuals with Disabilities...
Failure to Implement a Favorable Due Process Decision Was Not Actionable
In R.W. v. Clear Creek Independent School District, No. 24-40141, 2025 WL 801360, 125 LRP 7881 (5th Cir. Mar. 13, 2025) (unpublished), the Fifth Circuit affirmed dismissal of a federal court action alleging that a school district failed to implement a favorable...
Concern Alone Does Not Necessarily Trigger the IDEA Limitations Clock
In Peter G. v. Derry Township School District, No. 1:23-CV-00043, 2025 WL 270057, 125 LRP 2346 (M.D. Pa. Jan. 22, 2025), the district court addressed the application of the statute of limitations for due process hearing requests under the Individuals with Disabilities...
IDEA Does Not Require Morning, Home Aides
In S.M. v. Freehold Regional High School District Board of Education, No. 24-1299, 2025 WL 1565359, 125 LRP 16316 (3d Cir. June 3, 2025) (unpublished), the Third Circuit affirmed administrative and district court decisions rejecting a compensatory education claim...