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No FAPE Denial Where Parent Had Already Walked Away

No FAPE Denial Where Parent Had Already Walked Away

Apr 30, 2026 | by Special Education Solutions

A lot of what lands in front of impartial hearing officers (IHOs) boils down to two questions: did the school district trip over the procedural rules, and did the student actually get a free, appropriate public education (FAPE) under the Individuals with Disabilities...
No FAPE Denial Where Parent Had Already Walked Away

Class-Size Options, Not Class-Size Add-Ons

Apr 30, 2026 | by Special Education Solutions

Last June, this blog covered Cruz v. Banks, 134 F.4th 687, 125 LRP 12165 (2d Cir. Apr. 15, 2025), certified question accepted, No. 64, 2025 WL 1439661 (N.Y. May 20, 2025) – a fight over whether the New York City Education Department offered a free, appropriate public...
No FAPE Denial Where Parent Had Already Walked Away

No Carve-Out: Religious Instruction as Part of FAPE

Apr 20, 2026 | by Special Education Solutions

Whether public money can flow to religious instruction is a question the Supreme Court has answered in very different ways over time. Longstanding constitutional doctrine and federal regulations say the government must not contribute to the establishment of religion...
No FAPE Denial Where Parent Had Already Walked Away

The Building Moved, the Program Didn’t

Apr 20, 2026 | by Special Education Solutions

When a family moves across town and the school district reassigns their child to a different building, is that a change of educational placement under the Individuals with Disabilities Education Act (IDEA)? That is the question at the heart of Fofanah v. Board of...
No FAPE Denial Where Parent Had Already Walked Away

A Reduced Fee Award and a Rejection of AI-Generated Support

Mar 1, 2026 | by Special Education Solutions

In S.C. v. New York City Dep’t of Educ., No. 23 CIV. 1266 (LGS), 2024 WL 3518522, 124 LRP 28367 (S.D.N.Y. July 24, 2024), the court adopted a magistrate judge’s recommendation that attorneys’ fees be awarded to a prevailing parent in a reduced amount following...
No FAPE Denial Where Parent Had Already Walked Away

Pendency Payments After the School Year Ends

Mar 1, 2026 | by Special Education Solutions

Payment disputes under the maintenance of placement provision of the Individuals with Disabilities Education Act (IDEA) continue to generate federal litigation in New York. In Chaperon v. Banks, No. 24-CV-05135 (JAV), 2025 WL 2207908, 125 LRP 22657 (S.D.N.Y. Aug. 4,...
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  • No FAPE Denial Where Parent Had Already Walked Away
  • Class-Size Options, Not Class-Size Add-Ons
  • No Carve-Out: Religious Instruction as Part of FAPE

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