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

“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...
Second Circuit:  Repeated Goals Do Not Necessarily Deny FAPE

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F.L. v. Board of Education of Great Neck U.F.S.D., 735 F. App’x 38, 72 IDELR 232 (2d Cir. Aug. 24, 2018), is non-precedential Second Circuit case that nonetheless holds interest for impartial hearing officers.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...
Consulting with Attorney/Advocate May Trigger SOL

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School District v. C.M., 744 F. App’x 7, 72 IDELR 172 (2nd Cir. 2018), is a noteworthy case despite the fact that it is nonprecedential.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...
Child Find Failure Resulted In SOL Being “Tolled”

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

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...
Limitations on Parent’s Communication with District Upheld

Limitations on Parent’s Communication with District Upheld

Feb 4, 2019 | by Special Education Solutions

A recent case of interest, Forest Grove School District v. Student, No. 3:14-CV-00444-AC, 2018 WL 6198281, 118 LRP 48402 (D. Or. Nov. 27, 2018), covered a wide range of issues. Of particular interest was the court’s ruling that limitations the district had imposed on...
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Accommodations Advocates Auhtority to Reopen Case behavioral intervention Behavior services Calculating timelines Challenging Academic Standards Child-Find Comp Ed Compensatory Education District-Wide Assessment Endrew F. ESSA ESY Evaluation Exhaustion of Administrative Remedies FAPE Finality of IHO Decision IEP Implementation IEP Process Least Restrictive Environment LRE Maintenance of Placement Mediation Methodology Mootness Participation Rights placement Police Intervention Reconsideration of Decision Religious Instruction Residency Retaining Jurisdiction Retrospective Evidence RTI Scope of Due Process Hearings Section 504 SOL Statute of Limitations Stay-put Sufficiency of Due Process Complaint Timelines Tolling Transition Services Tuition Reimbursement

Recent Articles

  • Waiting 99 Days to Start Evaluation Process Resulted in Tuition Reimbursement Award in the Fifth Circuit
  • Failure to Provide Intensive Reading Intervention in IEP to Student Who Lacked Basic Reading Skills Resulted in Tuition Reimbursement
  • Fifth Circuit Rejects Monday Morning Quarterbacking in Eligibility Dispute

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