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LRE Proves to be Double-Edged Sword in Reimbursement Case

LRE Proves to be Double-Edged Sword in Reimbursement Case

Oct 23, 2019 | by Special Education Solutions

A.S. v. Board of Education of Shenendohowa Central School District, No. 1:17-CV-0501, 2019 WL 719833, 73 IDELR 260 (N.D.N.Y. Feb. 20, 2019), bears special interest for impartial hearing officers regarding tuition reimbursement. The case involved a seven year old boy...
LRE Proves to be Double-Edged Sword in Reimbursement Case

“Clerical Error” in IEP Proved Costly for One NYS School District

Mar 27, 2019 | by Special Education Solutions

A recent decision from the Southern District of New York, Board of Education of Yorktown Central School District v. C.S., No. 17 CV 6542, 2019 WL 294799, 119 LRP 1767 (S.D.N.Y. Jan. 23, 2019), appeal filed, No. 19-270 (2d Cir. Jan. 29, 2019), presents issues...
LRE Proves to be Double-Edged Sword in Reimbursement Case

Second Circuit: Repeated Goals Do Not Necessarily Deny FAPE

Mar 26, 2019 | by Special Education Solutions

F.L. v. Board of Education of Great Neck U.F.S.D., 735 F. App’x 38, 72 IDELR 232 (2d Cir. Aug. 24, 2018), is non-precedential Second Circuit case that nonetheless holds interest for impartial hearing officers. The parent challenged IEPs from the 2012-13, 2013-14, and...
LRE Proves to be Double-Edged Sword in Reimbursement Case

Consulting with Attorney/Advocate May Trigger SOL

Feb 4, 2019 | by Special Education Solutions

Board of Education of the North Rockland Central School District v. C.M., 744 F. App’x 7, 72 IDELR 172 (2nd Cir. 2018), is a noteworthy case despite the fact that it is nonprecedential. The case involved a unilateral residential placement undertaken by the parents of...
LRE Proves to be Double-Edged Sword in Reimbursement Case

Child Find Failure Resulted In SOL Being “Tolled”

Feb 4, 2019 | by Special Education Solutions

In Wehrspann v. Dubuque Community School District, No. 15-CV-1029-LRR, 118 LRP 33775 (N.D. Iowa July 27, 2018) (magistrate judge report and recommendation), adopted, 2018 WL 3865379, 72 IDELR 212 (Aug. 14, 2018), the magistrate judge recommended that the district...
LRE Proves to be Double-Edged Sword in Reimbursement Case

Funding of Stay-Put Must Continue Despite IHO Limiting Placement to Specific Dates

Feb 4, 2019 | by Special Education Solutions

The litigation on the West Coast concerning the Anchorage school district may contain an important lesson for impartial hearing officers. In Anchorage Sch. Dist., v. M.G., No. 3:17-cv-00157-SLG, 2018 WL 1041535, 71 IDELR 192 (D. Alaska Feb. 23, 2018), the court...
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