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Protracted FAPE Denial Warrants More Than Short-Term Fix

Protracted FAPE Denial Warrants More Than Short-Term Fix

Feb 20, 2020 | by Special Education Solutions

Among the issues that hearing officers find most challenging are how to apply the free, appropriate public education standard of Endrew F. v. Douglas County School District. RE-1, 137 S. Ct. 988 (2017), how to apply the standard in cases involving post-secondary...
Protracted FAPE Denial Warrants More Than Short-Term Fix

Court Rejects Request for Homebound Instruction for Student in Virtual School

Feb 20, 2020 | by Special Education Solutions

On-line education is a modern reality, and impartial hearing officers may want to know how courts have handled cases in which parents contend that an online educational institution or program has failed in the obligation to afford free, appropriate public education to...
Protracted FAPE Denial Warrants More Than Short-Term Fix

Failure To Meet IEP Goal Is “Troubling,” But That Alone Is Not Enough

Feb 20, 2020 | by Special Education Solutions

Perkiomen Valley School District. v. S.D., No. CV 18-2093, 2019 WL 4675001, — F. Supp. 3d —-, 75 IDELR 67 (E.D. Pa. Sept. 24, 2019), appeal filed, No. 19-3410 (3d Cir. Oct. 18, 2019), is noteworthy as an example of a reviewing court’s careful examination...
Protracted FAPE Denial Warrants More Than Short-Term Fix

Delay in Conceding FAPE Denial Proved Costly for NYC School District

Feb 20, 2020 | by Special Education Solutions

It is unusual for this Blog to feature a case on attorneys’ fees. After all, Impartial Hearing Officers do not award fees; courts do. But a recent fees case, D.B. v. New York City Department of Education, No. 18 CIV. 7898, 2019 WL 4565128, 75 IDELR 73 (S.D.N.Y. Sept....
Protracted FAPE Denial Warrants More Than Short-Term Fix

Endrew F.’s “Congent and Responsive Explanation” Language Extended to State Review Officer

Feb 20, 2020 | by Special Education Solutions

Sequels to the Supreme Court’s decision in Endrew F. ex rel. Joseph F. v. Douglas County School District RE-1, 137 S. Ct. 988 (2017), continue to appear. One recent case from New York, AR v. Katonah Lewisboro Union Free School District, No. 18-CV-9938, 2019 WL...
Protracted FAPE Denial Warrants More Than Short-Term Fix

Waiting 99 Days to Start Evaluation Process Resulted in Tuition Reimbursement Award in the Fifth Circuit

Oct 25, 2019 | by Special Education Solutions

Spring Branch Independent School District v. O.W., No. 18-20274, 2019 WL 4401142, — F.3d —-, 75 IDELR 29 (5th Cir. Sept. 16, 2019), offers impartial hearing officers an analysis of the problems that may arise when a student has severe behavioral...
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