The Blog: Simply Said
No First Amendment Right to Video Record IEP Meetings
In Pitta v. Medeiros, 90 F.4th 11, 124 LRP 521 (1st Cir. Jan. 4, 2024), the First Circuit affirmed dismissal of a lawsuit alleging that a school district and special education administrator violated a parent’s First Amendment rights by refusing to allow video...
Speculation Wasn’t Enough to Undermine the Placement
In Zayas v. Banks, No. 22 CIV. 7112 (KPF), 2024 WL 216761, 124 LRP 1849 (S.D.N.Y. Jan. 19, 2024), reconsideration denied, 2024 WL 1657880 (Apr. 17, 2024), appeal filed, No. 24-1076 (2d Cir. Apr. 24, 2024), the court rejected a claim for tuition reimbursement based on...
When Compensatory Education Is Deemed Unnecessary
In D.C.G. v. New York City Department of Education, No. 23 Civ. 1337 (JPC) (JW), 2024 WL 1343598, 124 LRP 10410 (S.D.N.Y. Mar. 30, 2024), the court affirmed the denial of compensatory education as a remedy for a conceded denial of a free appropriate public education...
Disputed Classification, Confirmed Needs
In Loudoun County School Board v. Bunkua, No. 1:23cv320, 2024 WL 2274492, 124 LRP 16070 (E.D. Va. May 20, 2024), the district court addressed whether a school system provided a free appropriate public education (FAPE) under the Individuals with Disabilities Education...
Courts Must Independently Weigh Equities in Tuition Cases
In Ferreira v. Aviles-Ramos, No. 23-612, 2024 WL 4611106, 120 F.4th 323, 124 LRP 37950 (2d Cir. Oct. 30, 2024), the Second Circuit addressed how district courts must review equitable considerations when deciding claims for private-school tuition reimbursement under...
IDEA May Require Transportation From the Apartment Door
In Pierre-Noel v. Bridges Public Charter School, 113 F.4th 970, 124 LRP 32461 (D.C. Cir. Sept. 3, 2024), the U.S. Court of Appeals for the District of Columbia Circuit addressed whether the Individuals with Disabilities Education Act (IDEA) requires door-to-door...
Speculation Isn’t Enough to Establish a FAPE Violation
In Polanco v. Banks, No. 23-373-cv, 2024 WL 2105530, 124 LRP 16192 (2d Cir. May 10, 2024), petition for cert. filed, No. 24-442 (Oct. 21, 2024), the Second Circuit issued a summary order affirming a district court’s affirmance of a state review officer (SRO) decision...
Compensatory Education Can Survive Aging Out
In Kass v. Western Dubuque Community School District, 101 F.4th 562, 124 LRP 15032 (8th Cir. May 10, 2024), the Eighth Circuit addressed whether a claim for compensatory education under the Individuals with Disabilities Education Act (IDEA) becomes moot when a student...
A GED-Based Diploma Doesn’t End IDEA Eligibility
Eligibility for a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA) often turns on whether a student has graduated from high school with a “regular high school diploma.” IDEA defines FAPE to include “preschool,...
FAPE May Require More Than the Ordinary School Day
In Osseo Area Schools, Independent School District No. 279 v. A.J.T., 96 F.4th 1062, 124 LRP 9021 (8th Cir. Mar. 21, 2024), the Eighth Circuit addressed whether a shortened school day satisfied the Individuals with Disabilities Education Act (IDEA) for a student whose...
Tuition Reimbursement Doesn’t Automatically Trigger Stay-Put
In Irvine Unified School District v. Landers, Nos. 21-55290, 21-55663, 21-55882, 2023 WL 8915431, 124 LRP 3 (9th Cir. Dec. 26, 2023) (unpublished), the Ninth Circuit addressed whether administrative law judge (ALJ) orders awarding tuition reimbursement also...
Remote IEPs Can Still Satisfy FAPE
In Abigail P. v. Old Forge School District, 105 F.4th 57, 124 LRP 21769 (3d Cir. June 26, 2024), the Third Circuit addressed the substantive adequacy and implementation of a modified individualized education program (IEP) during remote instruction at the height of the...
Appropriateness and Equity Are Distinct in Reimbursement Cases
In A.P. v. New York City Department of Education, No. 22-2636, 2024 WL 763386, 124 LRP 6283 (2d Cir. Feb. 26, 2024) (unpublished), the Second Circuit vacated and remanded a district court decision addressing tuition reimbursement for a thirteen-year-old student with...
An IDEA Loss Doesn’t End an ADA Claim
In LePape v. Lower Merion School District, 103 F.4th 966, 124 LRP 17149 (3d Cir. June 4, 2024), the Third Circuit addressed the relationship between claims brought under the Individuals with Disabilities Education Act (IDEA) and damages claims brought under Section...
IDEA Child Find Doesn’t End the Section 504 Inquiry
In B.S.M. v. Upper Darby School District, 103 F.4th 956, 124 LRP 17147 (3d Cir. June 4, 2024), the Third Circuit clarified that an adverse determination on a child-find claim under the Individuals with Disabilities Education Act (IDEA) does not necessarily resolve a...
Clearly Defined Services Are Essential to Support Meaningful Progress
In Los Angeles Unified School District v. A.O., 92 F.4th 1159, 124 LRP 5221 (9th Cir. Feb. 15, 2024), the Ninth Circuit considered how specific an individualized education program (IEP) must be, what constitutes a free appropriate public education (FAPE) for a young...
One IEE Per Evaluation Means Exactly That
In Alex W. v. Poudre School District R-1, 94 F.4th 1176, 124 LRP 7692 (10th Cir. Mar. 7, 2024), the Tenth Circuit addressed claims involving the statute of limitations, behavioral assessments and services, free appropriate public education (FAPE), and the...
Deference to Administrative Findings Carries the Day
In C.K. v. Baltimore City Board of Commissioners, No. GLR-22-80, 2023 WL 3740555, 123 LRP 17311 (D. Md. May 31, 2023), the parents of a high school student with multiple disabilities challenged the adequacy of the individualized education program (IEP) proposed by the...
Not Every IEP Deviation Denies FAPE
In Plotkin v. Montgomery County Public Schools, No. 22-2073, 2023 WL 7272102, --- F. App’x ---, 123 LRP 33167 (4th Cir. Nov. 3, 2023) (unpublished), petition for cert. filed, No. 23-1074 (Apr. 2, 2024), the Fourth Circuit considered whether a school district’s failure...
When Disability Classification Doesn’t Decide FAPE
In Mason v. Carranza, No. 20-CV-4010 (PKC) (SJB), 2023 WL 6201407, 123 LRP 29905 (E.D.N.Y. Sept. 22, 2023), appeal filed sub nom. Mason v. Banks, No. 23-7604 (2d Cir. Nov. 2, 2023), the district court addressed a dispute centered on disability classification and...