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IDEA Child Find Doesn’t End the Section 504 Inquiry

IDEA Child Find Doesn’t End the Section 504 Inquiry

Feb 7, 2026 | by Special Education Solutions

In B.S.M. v. Upper Darby School District, 103 F.4th 956, 124 LRP 17147 (3d Cir. June 4, 2024), the Third Circuit clarified that an adverse determination on a child-find claim under the Individuals with Disabilities Education Act (IDEA) does not necessarily resolve a...
Eighth Circuit Upholds Child Find Violation of Intellectually Gifted Student

Eighth Circuit Upholds Child Find Violation of Intellectually Gifted Student

Jul 20, 2020 | by Special Education Solutions

A recent Eighth Circuit case, Independent Sch Dist. No. 283 v. E.M.D.H., Nos. 19-1269, 19-1336, 2020 WL 2892238, — F.3d —-, 120 LRP 17110 (8th Cir. June 3, 2020), covers a number of issues that arise frequently in cases before impartial hearing officers,...
Eighth Circuit Upholds Child Find Violation of Intellectually Gifted Student

Right to Meaningful Participation Does Not Guarantee Perfect Comprehension

Jun 9, 2020 | by Special Education Solutions

The Individuals with Disabilities Education Act (IDEA) provides that impartial hearing officer decisions are to be made on “substantive grounds based on a determination of whether the child received a free[,] appropriate public education.” 20 U.S.C. § 1415(f)(3)(E). A...
Eighth Circuit Upholds Child Find Violation of Intellectually Gifted Student

Fifth Circuit Rejects Monday Morning Quarterbacking in Eligibility Dispute

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...

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