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Placement Decision Does Not Extend to School Selection

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J.T. v. District of Columbia, No. 20-7105, 2022 WL 126707, 80 IDELR 62 (D.C. Cir. Jan. 11, 2022) (unpublished), aff’ing 496 F. Supp. 3d 190, 77 IDELR 160 (D.D.C. 2020), is a case that concerned parental objections to the school (actually the choice of two schools)...
Placement Decision Does Not Extend to School Selection

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...
Placement Decision Does Not Extend to School Selection

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...
Placement Decision Does Not Extend to School Selection

District’s Failure to File Hearing Forfeits Its Right to Argue Its Eval is Appropriate

Mar 9, 2021 | by Special Education Solutions

C.P. v. Clifton Board of Education, Civ. No. 19-8469, 2020 WL 4530031, 77 IDELR 46 (D.N.J. Aug. 6, 2020), concerned what the court described as two independent educational evaluations of a child classified as “other health impaired.” The total charge was $5200, which...
Placement Decision Does Not Extend to School Selection

Second Circuit’s de Paulino Holding Sinks Parents’ Request for Immediate Injunction Relief

Mar 9, 2021 | by Special Education Solutions

Melendez v. New York City Department of Education., Nos. 19 Civ. 2928, et al., 2020 WL 4273907, 77 IDELR 8 (S.D.N.Y. July 24, 2020), is a follow-up to Ventura de Paulino v. New York City Department of Education, No. 19 Civ. 1662, 959 F.3d 519 (2d Cir. 2020). In...
Placement Decision Does Not Extend to School Selection

Court Denies Parents’ Request to Supplement Record with IHO Photographs

Mar 9, 2021 | by Special Education Solutions

In K.M. v. Katonah-Lewisboro Union Free School District, No. 19 CIV. 9671, 2020 WL 4038354, 120 LRP 21465 (S.D.N.Y. July 17, 2020), Magistrate Judge Judith C. McCarthy denied the parents’ motion to supplement the record in the appeal of a State Review Officer decision...
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