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Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Apr 20, 2022 | by Special Education Solutions

In L.B. v. New York City Department of Education, No. 1:21-CV-9356 (MKV), 2022 WL 220085, 80 IDELR 102 (S.D.N.Y. Jan. 25, 2022), the court denied a request for a temporary restraining order and preliminary injunction to require the school system to pay for the...
Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Student’s Circumstances Explains Slow Progress

Apr 20, 2022 | by Special Education Solutions

G.D. v. Swampscott Public Schools, No. 20-2114, 2022 WL 522035, — F.4th —, 80 IDELR 149 (1st Cir. Feb. 7, 2022), involved an eleven-year old with learning disabilities including dyslexia, dysgraphia, and a phonological processing disorder. The student was...
Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Remedy Ordered Needs To Be Tied To The Violation

Apr 20, 2022 | by Special Education Solutions

Capistrano Unified Sch. Dist. v. S.W., Nos. 20-55961, 20-55987, 2021 WL 6196698, 80 IDELR 63 (9th Cir. Dec. 30, 2021), is the unpublished counterpart to Capistrano Unified Sch. Dist. v. S.W., 21 F.4th 1125, 80 IDELR 31 (9th Cir. Dec. 30, 2021), the published opinion...
Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Placement Decision Does Not Extend to School Selection

Apr 20, 2022 | by Special Education Solutions

J.T. v. District of Columbia, No. 20-7105, 2022 WL 126707, 80 IDELR 62 (D.C. Cir. Jan. 11, 2022) (unpublished), aff’ing 496 F. Supp. 3d 190, 77 IDELR 160 (D.D.C. 2020), is a case that concerned parental objections to the school (actually the choice of two schools)...
Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Second Circuit Upholds Comp Ed Escrow Account Award

Mar 9, 2021 | by Special Education Solutions

Doe v. East Lyme Board of Education, 962 F.3d 649, 120 LRP 18693 (2d Cir. June 18, 2020) is the latest installment of a long-running litigation. The current decision was the appeal of a remand to the district court. The district court was to determine remedies for a...
Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Second Circuit: Entitlement to an IEE Only Available for Comprehensive Eval or Reevaluation

Mar 9, 2021 | by Special Education Solutions

In D.S. v. Trumbull Board of Education, No. 19-644, 2020 WL 5552035, ___ F.3d ___, 77 IDELR 122 (2d Cir. Sept. 17, 2020), the court, by its own description, addressed two issues of first impression: “[W]hether an FBA is an ‘evaluation’ that triggers a parent’s right...
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  • Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student
  • Student’s Circumstances Explains Slow Progress
  • Remedy Ordered Needs To Be Tied To The Violation

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