The Blog: Simply Said
Court Upholds Tuition Reduction Based on Parental Conduct
In K.P. v. Department of Education, State of Hawai‘i, No. 22-cv-00267-DKW-WRP, 2023 WL 2930568, 123 LRP 13042 (D. Hawai‘i Apr. 13, 2023), appeal dismissed, No. 23-15705 (9th Cir. July 11, 2023), the district court affirmed a hearing officer’s decision to reduce a...
Staffing Shortages Do Not Excuse Stay-Put Obligations
Disputes over a school district’s obligation to maintain services during the pendency of due process proceedings are common. Far less common are cases resulting in findings of civil contempt and the imposition of sanctions. Bueno v. Bass Lake Joint Union Elementary...
Court Upholds Tuition Reduction Despite FAPE Denial
In Maysonet v. New York City Department of Education, No. 22 Civ. 1685 (LGS), 2023 WL 2537851, 123 LRP 9965 (S.D.N.Y. Mar. 16, 2023), the court addressed the scope of equitable relief available in a tuition reimbursement case where a denial of a free appropriate...
Thrown Objects Were Not “Dangerous Weapons” Under IDEA
Student discipline disputes frequently give rise to due process proceedings, and the expedited timelines applicable to exclusionary discipline cases place a premium on prompt and careful adjudication. In G.D. v. Utica Community Schools, No. 20-12864, 2023 WL 2719426,...
Disability Labels Don’t Drive FAPE
In Navarro Carrillo v. New York City Department of Education, No. 21-2639, 2023 WL 3162127, 123 LRP 13987 (2d Cir. May 1, 2023) (unpublished summary order), the Second Circuit addressed the role of disability classification in the development of an individualized...
Third Circuit Reaffirms the Snapshot Rule in Evaluating IEP Adequacy
In I.K. v. Mannheim Township School District, No. 22-1347, 2023 WL 3477830, 123 LRP 15585 (3d Cir. May 15, 2023), an unpublished Third Circuit decision, the court addressed the application of the “snapshot rule” in assessing whether an individualized education program...
It’s the Process, Not the Page Count
In Bouabid v. Charlotte-Mecklenburg Schools Board of Education, 62 F.4th 851, 82 IDELR 216 (4th Cir. Mar. 15, 2023), the Fourth Circuit addressed the adequacy of an administrative hearing officer’s decision under the IDEA, emphasizing that the validity of an...
Placement First, Payments Later: Limits of Stay-Put
In Mendez v. Banks, 65 F.4th 56, 83 IDELR 28 (2d Cir. Apr. 12, 2023), the Second Circuit addressed the scope of the Individuals with Disabilities Education Act (IDEA) stay-put provision, 20 U.S.C. § 1415(j), and clarified that stay-put protects a student’s educational...
No Hardship Required: Court Upholds Direct Tuition Payment
In Ferreira v. New York City Department of Education, Nos. 22 Civ. 4993, 21 Civ. 11087, 21 Civ. 6012, 20 Civ. 9849, 2023 WL 2499261, 82 IDELR 228 (S.D.N.Y. Mar. 14, 2023), the court addressed whether a public school district may be required to make a retrospective...
Ninth Circuit Excuses Failure to Have a Timely IEP Where Prior IEP Adequately Met the Student’s Needs
In AAA v. Clark County School District, No. 2:20-cv-00195-JAD-BNW, 2022 WL 17818393, 82 IDELR 94 (D. Nev. Nov. 30, 2022), appeal filed, No. 22-16935 (9th Cir. Dec. 16, 2022), pro se parents alleged that the school district denied their daughter a free appropriate...
When “Some English” Isn’t Enough: IDEA Parental Rights and Language Access
In Garcia v. Morath, No. 1:21-CV-01011-RP, 2022 WL 3952331, 122 LRP 29203 (W.D. Tex. Aug. 29, 2022), adopted, 2023 WL 163978, 82 IDELR 106 (W.D. Tex. Jan. 10, 2023), three parents with limited English proficiency brought suit against the Texas Education Agency (TEA)...
Court Requires Consideration of Alternative Compensatory Remedies
In M.T. v. Arlington Central School District, No. 22-CV-00437, 2022 WL 16857176, 122 LRP 44670 (S.D.N.Y. Nov. 10, 2022), the court addressed the difficult task faced by impartial hearing officers in fashioning compensatory education awards. The decision also examined...
When the System Stalls: Pervasive Hearing Delays May Excuse Exhaustion
In Z.Q. v. New York City Department of Education, No. 22-939-CV, 2023 WL 1486387, 123 LRP 3917 (2d Cir. Feb. 3, 2023) (unpublished), the Second Circuit addressed administrative exhaustion under the IDEA—a topic typically viewed as outside the scope of an impartial...
No Magic Words Required: Court Clarifies IEP Methodology Obligations
In M.S. v. Downingtown Area School District, No. 20-CV-5085-JMY, 2022 WL 16531962, 122 LRP 42748 (E.D. Pa. Oct. 28, 2022), the court considered a tuition reimbursement case involving a student with significant developmental delays, including oral apraxia and childhood...
Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator
Kass v. Western Dubuque Community School District, No. C21-1013-LTS-KEM, 2022 WL 16773360, 122 LRP 44304 (N.D. Iowa Nov. 3, 2022), appeal filed, No. 22-3506 (8th Cir. Dec. 5, 2022), involved a 20-year-old student with severely impaired vision, moderate intellectual...
Court Places Obligation on Parent to Seek Out Continuing Services After Rejecting an Offer of Services
L.B. v. Kyrene Elementary School District, No. CV-17-03316-PHX-SMB, 2022 WL 14389900, 122 LRP 42574 (D. Ariz. Oct. 25, 2022), appeal filed, No. 22-16816 (9th Cir. Nov. 25, 2022), presents issues of consent to evaluation, public school enrollment, and ongoing school...
Court Says School District Has Responsibility to Work Around the Grandparents Unwillingness to Implement a Virtual Program
In A.D. v. Upper Merion Area School District, No. CV 21-5468, 2022 WL 16553379, 122 LRP 42812 (E.D. Pa. Oct. 28, 2022), the court considered the case of a student who experienced a loss of free, appropriate public education during the Covid-19 pandemic. Overturning in...
Sticking to an Existing Program in the Face of Limited or No Progress Resulted in an Award of Reimbursement
Falmouth School Department v. Doe, 44 F.4th 23, 81 IDELR 151 (1st Cir. Aug. 9, 2022), is of interest on issues of free, appropriate public education and private placement in the context of a student’s severe reading disability. The ruling affirmed district court and...
Reimbursement Awarded Minus Boarding and Travel
Doe v. Newton Public Schools, 48 F.4th 42, 81 IDELR 211 (1st Cir. Sept. 2, 2022), is about the obligation of a district under IDEA to provide a residential placement in order to meet the student’s needs. At due process, the parents lost on their claim that their son...
Shortages of Personnel Does Not Excuse Failure to Provide Services
Elmira City Sch. Dist. v. New York State Education Department, 166 N.Y.S.3d 710, 80 IDELR 294 (App. Div. Apr. 7, 2022), is a major decision concerning the failure to provide nursing services that is becoming even more salient in light of the current shortage of nurses...