The Blog: Simply Said
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In Z.Q. v. New York City Department of Education, No. 22-939-CV, 2023 WL 1486387, 123 LRP 3917 (2d Cir. Feb. 3, 2023) (unpublished), the Second Circuit addressed administrative exhaustion under the IDEA—a topic typically viewed as outside the scope of an impartial...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...
Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies
VW v. New York City Department of Education, No. 21 CIV. 6317, 2022 WL 3448096, 81 IDELR 194 (S.D.N.Y. Aug. 17, 2022), is a significant case concerning remedies for denial of free, appropriate public education. It involved a 16-year-old student who was diagnosed with...
IHO Did Not Err In Using Analogy of “Serviceable Chevrolet” Despite Endrew F.
L.C. v. Arlington County School Board, No. 1:20-cv-1177, 2022 WL 1469394, 81 IDELR 65 (E.D. Va. June 24, 2022), addresses issues of free, appropriate public education and least restrictive environment in the case of a middle-schooler identified as having learning...
Failure to Provide Parents with Location of Services Resulted in Private School Reimbursement
V.A. v. City of New York, No. 20-CV-0989(EK)(RML), 2022 WL 1469394, 81 IDELR 46 (E.D.N.Y. May 10, 2022), addresses issues of notice of placement as well as appropriate education. Accordingly, it may be of guidance to impartial hearing officers. The parent sought...
Court Finds that Parents’ Move Out of District Is No Bar to Reimbursement Claim
In S.H. v. Issaquah School District, No. 2:21-CV-00137-DGE, 2022 WL 279139, 80 IDELR 134 (W.D. Wash. Jan. 31, 2022), the district court issued a ruling that may be instructive for impartial hearing officers as to the application of statutes of limitations, notice...
District Must Provide Comparable Services When Residential Program Shuts Down
K.K. v. William S. Hart Union High School District, No. CV 22-2398, 2022 WL 2162016, 80 IDELR 271 (C.D. Cal. Apr. 20, 2022), is a recent case of interest concerning the application of the maintenance of placement (“stay-put”) rule, 20 U.S.C. § 1515(j). The case...
Comp Ed Denied Because Deficiencies Mitigated Through Pendency Placement
Killoran v. Westhampton Beach School District, No. 20-CV-4763(JS)(SIL), 2022 WL 954851, 122 LRP 11347 (E.D.N.Y. Mar. 30, 2022), is a decision in one of a number of cases that parents filed pro se concerning the education of their son who has Down Syndrome. The...
Fifth Circuit Looks to Overall Academic Progress, Not Just IEP Goals, to Decide Appropriateness of Gen Ed Placement
H.W. v. Comal Independent School District, 32 F.4th 454, 122 LRP 14177 (5th Cir. Apr. 27, 2022), illustrates some of the divisive issues that have emerged concerning the requirement to place students with disabilities in the least restrictive environment and furnish...
Change in Location Can Rise to a Change in Placement
H.R. v. District of Columbia, No. 21-CV-1856-TJK-RMM, 2022 WL 2110503 (D.D.C. Apr. 29, 2022) (magistrate judge recommendation), adopted, 2022 WL 2106245, 122 LRP 19952 (D.D.C. June 10, 2022), offers an instructive application of the maintenance of placement...