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...
Oct 23, 2019 | by Special Education Solutions
W.A. v. Hendrick Hudson Cent. Sch. Dist., Nos. 17-3248, 17-3313, 2019 WL 2479164, 927 F.3d 126, 74 IDELR 186 (2d Cir. June 14, 2019), is a case of interest on issues of child-find and tuition reimbursement. The case (actually two cases consolidated) involved a...
Oct 23, 2019 | by Special Education Solutions
Back in October 2017, this blog featured a post describing R.E.B. v. Hawaii Department of Education, 870 F.3d 1025, 117 LRP 38439 (9th Cir. Sept. 13, 2017) (per curiam, before Kozinski, Hawkins, and Bea). In April of the following year, the Ninth Circuit withdrew the...
Oct 23, 2019 | by Special Education Solutions
Saenz ex rel. V.S. v. Board of Education of Silver Consolidated Schools, No. CV 18-954, 2019 WL 1795539, 74 IDELR 97 (D.N.M. April 24, 2019), presents the issue of whether and when the state educational agency (SEA) may be a proper respondent in IDEA proceedings, a...
Oct 23, 2019 | by Special Education Solutions
Brown v. District of Columbia, No. CV 17-348, 2019 WL 1924245, 119 LRP 17246 (D.D.C. April 30, 2019), presents the problem whether an individual convicted of a felony and incarcerated in a federal Bureau of Prisons (BOP) facility is entitled to special education...
