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Student’s Circumstances Explains Slow Progress

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...
Student’s Circumstances Explains Slow Progress

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 v. S.W., Nos. 20-55961, 20-55987, 2021 WL 6196698, 80 IDELR 63 (9th Cir. Dec. 30, 2021), is the unpublished counterpart to Capistrano Unified Sch.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...
Student’s Circumstances Explains Slow Progress

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J.T. v. District of Columbia, No. 20-7105, 2022 WL 126707, 80 IDELR 62 (D.C. Cir. Jan. 11, 2022) (unpublished), aff’ing 496 F. Supp. 3d 190, 77 IDELR 160 (D.D.C. 2020), is a case that concerned parental objections to the school (actually the choice of two schools)...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

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...
Student’s Circumstances Explains Slow Progress

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...
Student’s Circumstances Explains Slow Progress

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...
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