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Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator

Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator

Apr 24, 2023 | by Special Education Solutions

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 Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator

Court Places Obligation on Parent to Seek Out Continuing Services After Rejecting an Offer of Services

Apr 23, 2023 | by Special Education Solutions

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 Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator

Court Says School District Has Responsibility to Work Around the Grandparents Unwillingness to Implement a Virtual Program

Apr 23, 2023 | by Special Education Solutions

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...
Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator

Sticking to an Existing Program in the Face of Limited or No Progress Resulted in an Award of Reimbursement

Apr 23, 2023 | by Special Education Solutions

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...
Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator

Reimbursement Awarded Minus Boarding and Travel

Apr 23, 2023 | by Special Education Solutions

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...
Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator

Shortages of Personnel Does Not Excuse Failure to Provide Services

Apr 23, 2023 | by Special Education Solutions

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...
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Recent Articles

  • Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator
  • Court Places Obligation on Parent to Seek Out Continuing Services After Rejecting an Offer of Services
  • Court Says School District Has Responsibility to Work Around the Grandparents Unwillingness to Implement a Virtual Program

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