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

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

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

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

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

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

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...
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