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Exhaustion Did Not Bar Challenge to Age-21 Service Cutoff

Exhaustion Did Not Bar Challenge to Age-21 Service Cutoff

Feb 9, 2026 | by Special Education Solutions

In J.M. v. New York City Department of Education, 161 F.4th 149, 125 LRP 32414 (2d Cir. Dec. 9, 2025), the Second Circuit vacated the dismissal of a class action challenging New York City’s alleged policy of discontinuing Individuals with Disabilities Education Act...
Exhaustion Did Not Bar Challenge to Age-21 Service Cutoff

Absenteeism Alone Did Not Trigger Child Find

Feb 9, 2026 | by Special Education Solutions

In A.P. v. Pearland Independent School District, 158 F.4th 672, 125 LRP 30747 (5th Cir. Nov. 10, 2025), the Fifth Circuit rejected parents’ claims that a school district violated its child find obligations and improperly denied eligibility for special education under...
Exhaustion Did Not Bar Challenge to Age-21 Service Cutoff

An IEP Must Prevent Regression, Not Just Show Effort

Feb 9, 2026 | by Special Education Solutions

In North East Independent School District v. I.M., No. 24-50833, 2025 WL 3251027, ___ F.4th ___, 125 LRP 31441 (5th Cir. Nov. 21, 2025), the Fifth Circuit affirmed the decisions of an impartial hearing officer and district court concluding that the district denied a...
Exhaustion Did Not Bar Challenge to Age-21 Service Cutoff

Misuse of Generative AI by Educational Advocate Prompted Judicial Warning

Feb 9, 2026 | by Special Education Solutions

In Powhatan County School Board v. Skinger, No. 3:24cv874, 125 LRP 17324 (E.D. Va. June 2, 2025), motion to vacate denied, 2025 WL 1842621 (E.D. Va. July 2, 2025), the district court addressed improper filings submitted by a pro se defendant who acted as an advocate...
Exhaustion Did Not Bar Challenge to Age-21 Service Cutoff

IEP Was Not “Mathematically Impossible” to Implement

Feb 9, 2026 | by Special Education Solutions

In Ogunleye v. Banks, No. 23-cv-9524, 2025 WL 2050973, 125 LRP 21674 (S.D.N.Y. July 21, 2025), appeal filed, No. 25-1994 (2d Cir. Aug. 18, 2025), the district court upheld a proposed public school program under the Individuals with Disabilities Education Act (IDEA)...
Exhaustion Did Not Bar Challenge to Age-21 Service Cutoff

Likelihood of Regression, Not Past Regression, Drives ESY

Feb 9, 2026 | by Special Education Solutions

In T.F. v. District of Columbia, No. 1:23-cv-03612, 2025 WL 947524, 125 LRP 9183 (D.D.C. Mar. 8, 2025), the district court addressed challenges to individualized education programs (IEPs) involving extended school year (ESY) services, post-secondary transition...
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