Oct 25, 2019 | by Special Education Solutions
The substantive adequacy of individual education programs continues to be a controversial topic two years after the Supreme Court rendered its decision in Endrew F. v. Douglas County School District RE-1, 137 S. Ct. 988, 69 IDELR 174 (Mar. 22, 2017). A recent case on...
Oct 25, 2019 | by Special Education Solutions
Lisa M. v. Leander Independent School District, 924 F.3d 205, 74 IDELR 124 (5th Cir. May 15, 2019), is a somewhat unusual case concerning eligibility under the IDEA that nevertheless may be instructive in the eligibility disputes that impartial hearing officers...
Oct 25, 2019 | by Special Education Solutions
Albright v. Mountain Home School District, 926 F.3d 942, 74 IDELR 187 (8th Cir. June 12, 2019), is one of a number of recent court of appeals cases grappling with how to interpret the free, appropriate public education (FAPE) term of the IDEA in light of Endrew F. v....
Oct 25, 2019 | by Special Education Solutions
A recent case from the Eleventh Circuit takes up the recurring question of when the failure to implement an IEP violates the Individuals with Disabilities Education Act and entitles parents to a remedy for their child. L.J. v. School Board of Broward County, 927 F.3d...
Oct 23, 2019 | by Special Education Solutions
IDEA provides that in some circumstances a child with a disability who violates school rules can be placed in an interim alternative educational setting for a specified period of time. 20 U.S.C. § 1415(k)(1), (2)(G), (3)(B), (4)(A). The issue of when an interim...
Oct 23, 2019 | by Special Education Solutions
At the end of January, the Office of Special Education Programs of the United States Department of Education issued several guidance letters that may be of interest to Impartial Hearing Officers. Although OSEP always cautions that “section 607(d) of IDEA prohibits the...
