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Placement First, Payments Later: Limits of Stay-Put

Placement First, Payments Later: Limits of Stay-Put

Feb 7, 2026 | by Special Education Solutions

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...
Ninth Circuit Excuses Failure to Have a Timely IEP Where Prior IEP Adequately Met the Student’s Needs

Ninth Circuit Excuses Failure to Have a Timely IEP Where Prior IEP Adequately Met the Student’s Needs

Feb 7, 2026 | by Special Education Solutions

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

When “Some English” Isn’t Enough: IDEA Parental Rights and Language Access

Feb 7, 2026 | by Special Education Solutions

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)...
Placement First, Payments Later: Limits of Stay-Put

Court Requires Consideration of Alternative Compensatory Remedies

Feb 7, 2026 | by Special Education Solutions

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...
Placement First, Payments Later: Limits of Stay-Put

When the System Stalls: Pervasive Hearing Delays May Excuse Exhaustion

Feb 7, 2026 | by Special Education Solutions

In Z.Q. v. New York City Department of Education, No. 22-939-CV, 2023 WL 1486387, 123 LRP 3917 (2d Cir. Feb. 3, 2023) (unpublished), the Second Circuit addressed administrative exhaustion under the IDEA—a topic typically viewed as outside the scope of an impartial...
When “Some English” Isn’t Enough: IDEA Parental Rights and Language Access

No Magic Words Required: Court Clarifies IEP Methodology Obligations

Feb 4, 2026 | by Special Education Solutions

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...
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