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Court Rejects Residential Placement Despite Behavior Impeding Progress

Court Rejects Residential Placement Despite Behavior Impeding Progress

Aug 16, 2026 | by Special Education Solutions

Residential placement is among the educational settings contemplated by the Individuals with Disabilities Education Act (IDEA). But in many cases parents and school districts disagree over whether residential placement is needed. J.M. v. Genesee Intermediate School...
Court Rejects Residential Placement Despite Behavior Impeding Progress

When the District Must Initiate Due Process

Aug 16, 2026 | by Special Education Solutions

Figueroa-Rivera v. Puerto Rico, No. CV 24-1357 (ADC), 2025 WL 2793079 (D.P.R., Sept. 30, 2025), tells a long story of conflict over services for a student with disabilities. At the center of the opinion is a narrower question about who must invoke due process when...
Court Rejects Residential Placement Despite Behavior Impeding Progress

No FAPE Denial Where Parent Had Already Walked Away

Apr 30, 2026 | by Special Education Solutions

A lot of what lands in front of impartial hearing officers (IHOs) boils down to two questions: did the school district trip over the procedural rules, and did the student actually get a free, appropriate public education (FAPE) under the Individuals with Disabilities...
Court Rejects Residential Placement Despite Behavior Impeding Progress

Class-Size Options, Not Class-Size Add-Ons

Apr 30, 2026 | by Special Education Solutions

Last June, this blog covered Cruz v. Banks, 134 F.4th 687, 125 LRP 12165 (2d Cir. Apr. 15, 2025), certified question accepted, No. 64, 2025 WL 1439661 (N.Y. May 20, 2025) – a fight over whether the New York City Education Department offered a free, appropriate public...
Court Rejects Residential Placement Despite Behavior Impeding Progress

No Carve-Out: Religious Instruction as Part of FAPE

Apr 20, 2026 | by Special Education Solutions

Whether public money can flow to religious instruction is a question the Supreme Court has answered in very different ways over time. Longstanding constitutional doctrine and federal regulations say the government must not contribute to the establishment of religion...
Court Rejects Residential Placement Despite Behavior Impeding Progress

The Building Moved, the Program Didn’t

Apr 20, 2026 | by Special Education Solutions

When a family moves across town and the school district reassigns their child to a different building, is that a change of educational placement under the Individuals with Disabilities Education Act (IDEA)? That is the question at the heart of Fofanah v. Board of...
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Recent Articles

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