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Fifth Circuit Looks to Overall Academic Progress, Not Just IEP Goals, to Decide Appropriateness of Gen Ed Placement

Fifth Circuit Looks to Overall Academic Progress, Not Just IEP Goals, to Decide Appropriateness of Gen Ed Placement

Apr 19, 2023 | by Special Education Solutions

H.W. v. Comal Independent School District, 32 F.4th 454, 122 LRP 14177 (5th Cir. Apr. 27, 2022), illustrates some of the divisive issues that have emerged concerning the requirement to place students with disabilities in the least restrictive environment and furnish...

Change in Location Can Rise to a Change in Placement

Apr 19, 2023 | by Special Education Solutions

H.R. v. District of Columbia, No. 21-CV-1856-TJK-RMM, 2022 WL 2110503 (D.D.C. Apr. 29, 2022) (magistrate judge recommendation), adopted, 2022 WL 2106245, 122 LRP 19952 (D.D.C. June 10, 2022), offers an instructive application of the maintenance of placement...
Fifth Circuit Looks to Overall Academic Progress, Not Just IEP Goals, to Decide Appropriateness of Gen Ed Placement

Agreement Thought to be Knowingly and Voluntarily Made Set Aside by Third Circuit

Apr 19, 2023 | by Special Education Solutions

G.W. v. Ringwood Board of Education, 28 F.4th 465, 80 IDELR 209 (3d Cir. Mar. 16, 2022), is a decision turning on federal judicial jurisdiction that may nevertheless be of interest to impartial hearing officers. The case involved a due process hearing initiated by the...
Fifth Circuit Looks to Overall Academic Progress, Not Just IEP Goals, to Decide Appropriateness of Gen Ed Placement

Drafting IEP Prior to Meeting is not Predetermination When Draft is Modified at Meeting to Address Parent’s Concerns

Apr 19, 2023 | by Special Education Solutions

A.P. v. School Board of Fairfax County No. 1:21-CV-504, 2022 WL 1105076, 80 IDELR 277 (E.D. Va. Apr. 13, 2022), affirmed a decision of a hearing officer in favor the school district in a case involving a student with severe dyslexia and other conditions. Along the...
OSEP Offers Guidance on Sufficiency, Expedited Hearings, and Summary Decisions

OSEP Offers Guidance on Sufficiency, Expedited Hearings, and Summary Decisions

Apr 19, 2023 | by Special Education Solutions

In Letter to Zirkel, 122 LRP 13029, https://sites.ed.gov/idea/files/osep-policy-letter-22-04-to-zyrkel-04-15-2022.pdf (OSEP Apr. 15, 2022), the Office of Special Education Programs of the U.S. Department of Education offers guidance on a number of issues that may be...
Fifth Circuit Looks to Overall Academic Progress, Not Just IEP Goals, to Decide Appropriateness of Gen Ed Placement

Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Apr 20, 2022 | by Special Education Solutions

In L.B. v. New York City Department of Education, No. 1:21-CV-9356 (MKV), 2022 WL 220085, 80 IDELR 102 (S.D.N.Y. Jan. 25, 2022), the court denied a request for a temporary restraining order and preliminary injunction to require the school system to pay for the...
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Recent Articles

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