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Agreement Thought to be Knowingly and Voluntarily Made Set Aside by Third Circuit

Agreement Thought to be Knowingly and Voluntarily Made Set Aside by Third Circuit

Apr 19, 2023 | by Special Education Solutions

G.W. v. Ringwood Board of Education, 28 F.4th 465, 80 IDELR 209 (3d Cir. Mar. 16, 2022), is a decision turning on federal judicial jurisdiction that may nevertheless be of interest to impartial hearing officers. The case involved a due process hearing initiated by the...
Agreement Thought to be Knowingly and Voluntarily Made Set Aside by Third Circuit

Drafting IEP Prior to Meeting is not Predetermination When Draft is Modified at Meeting to Address Parent’s Concerns

Apr 19, 2023 | by Special Education Solutions

A.P. v. School Board of Fairfax County No. 1:21-CV-504, 2022 WL 1105076, 80 IDELR 277 (E.D. Va. Apr. 13, 2022), affirmed a decision of a hearing officer in favor the school district in a case involving a student with severe dyslexia and other conditions. Along the...
OSEP Offers Guidance on Sufficiency, Expedited Hearings, and Summary Decisions

OSEP Offers Guidance on Sufficiency, Expedited Hearings, and Summary Decisions

Apr 19, 2023 | by Special Education Solutions

In Letter to Zirkel, 122 LRP 13029, https://sites.ed.gov/idea/files/osep-policy-letter-22-04-to-zyrkel-04-15-2022.pdf (OSEP Apr. 15, 2022), the Office of Special Education Programs of the U.S. Department of Education offers guidance on a number of issues that may be...
Agreement Thought to be Knowingly and Voluntarily Made Set Aside by Third Circuit

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...
Agreement Thought to be Knowingly and Voluntarily Made Set Aside by Third Circuit

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...
Agreement Thought to be Knowingly and Voluntarily Made Set Aside by Third Circuit

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...
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