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IDEA Hearing Officers Serve in Judicial Role and are Protected by Absolute Immunity

IDEA Hearing Officers Serve in Judicial Role and are Protected by Absolute Immunity

Jul 20, 2020 | by Special Education Solutions

In Donohue v. Lloyd, No. 18-CV-9712 (JPO), 2020 WL 2834207, 120 LRP 17087 (S.D.N.Y. June 1, 2020), Judge Oetken dismissed a parent’s case against an impartial hearing officer, the City of New York, New York State, the Board of Regents, and the New York State Education...
IDEA Hearing Officers Serve in Judicial Role and are Protected by Absolute Immunity

Eighth Circuit Upholds Child Find Violation of Intellectually Gifted Student

Jul 20, 2020 | by Special Education Solutions

A recent Eighth Circuit case, Independent Sch Dist. No. 283 v. E.M.D.H., Nos. 19-1269, 19-1336, 2020 WL 2892238, — F.3d —-, 120 LRP 17110 (8th Cir. June 3, 2020), covers a number of issues that arise frequently in cases before impartial hearing officers,...
IDEA Hearing Officers Serve in Judicial Role and are Protected by Absolute Immunity

School District’s Attorney’s Litigation Conduct Rouses IHO / SRO’s Ire

Jul 14, 2020 | by Special Education Solutions

State-level review decisions in due process cases, though they lack binding force outside the cases themselves, often have instructive value for Impartial Hearing Officers. That is the case with Decision No. 190028, (SRO No. 20-080), N.Y.S. Educ. Dep’t State Review...
IDEA Hearing Officers Serve in Judicial Role and are Protected by Absolute Immunity

Claims for Subsequent Failures are Distinct from Prior, Similar Failures and are Not Time Barred

Jun 10, 2020 | by Special Education Solutions

B.B. v. Delaware College Preparatory Academy, No. 19-1649, 2020 WL 63924976 IDELR 1 (3d Cir. Feb. 11, 2020), a nonprecedential decision, may be of interest to impartial hearing officers in making determinations about which claims are timely and which are barred by...
IDEA Hearing Officers Serve in Judicial Role and are Protected by Absolute Immunity

Reporting Progress to School District by Private Comp Ed Provider Reasonable

Jun 9, 2020 | by Special Education Solutions

Price v. Commonwealth Charter Academy – Cyber, No. 19-1590, 2020 WL 1435175,  (E.D. Pa. Mar. 24, 2020), is a somewhat unusual case for this blog in that it is not the review of an impartial hearing officer decision, but rather a decision to dismiss a lawsuit...
IDEA Hearing Officers Serve in Judicial Role and are Protected by Absolute Immunity

Endrew F. Standard Sinks School District’s Defense

Jun 9, 2020 | by Special Education Solutions

Preciado v. Board of Education of Clovis Municipal Schools, No. 19-cv-0184 SMV/KRS, 2020 WL 1170635, — F. Supp. 3d —-,  76 IDELR 67 (D.N.M. Mar. 11, 2020), covers a wide range of issues that impartial hearing officers confront in deciding special education...
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