Jun 9, 2020 | by Special Education Solutions
The Individuals with Disabilities Education Act (IDEA) provides that impartial hearing officer decisions are to be made on “substantive grounds based on a determination of whether the child received a free[,] appropriate public education.” 20 U.S.C. § 1415(f)(3)(E). A...
Jun 9, 2020 | by Special Education Solutions
The Second Circuit has finally weighed in on the litigation over whether parents whose children who suffered from brain injuries were placed by the New York City Department of Education in iHope, a private academy, may move their children to a similar new school,...
Jun 9, 2020 | by Special Education Solutions
R.S. v. Highland Park Independent School District, No. 19-10458, 2020 WL 914703, ___ F.3d ___, 120 LRP 7549 (5th Cir. Feb. 25, 2020), presents the issue of accrual of claims for purposes of the statute of limitations for due process hearing requests. It also contains...
May 29, 2020 | by Special Education Solutions
The coronavirus pandemic is having an impact on education for students with disabilities, and thus it is likely to soon have an impact on the professional activities of impartial hearing officers. This post compiles some COVID-related guidance documents that may be of...
Feb 20, 2020 | by Special Education Solutions
L.B. v. Kyrene Elementary Dist. No. 28, No. CV-17-03316-PHX-SMB, 2019 WL 4187515, 75 IDELR 44 (D. Ariz. Sept. 4, 2019), appeal filed, No. 19-16971 (9th Cir. Oct. 4, 2019), takes up issues about due process complaint pleading, as well as the duty to evaluate students...
Feb 20, 2020 | by Special Education Solutions
In R.H. v. Board of Education Saugerties Central School District, 776 F. App’x 719, 74 IDELR 221 (2d Cir. July 2, 2019), the Second Circuit Court of Appeals continued its pattern of denying tuition reimbursement for unilateral parental placements when there is not a...
