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

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

Second Circuit Upholds Comp Ed Escrow Account Award

Mar 9, 2021 | by Special Education Solutions

Doe v. East Lyme Board of Education, 962 F.3d 649, 120 LRP 18693 (2d Cir. June 18, 2020) is the latest installment of a long-running litigation. The current decision was the appeal of a remand to the district court. The district court was to determine remedies for a...
Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

School District’s Attorney’s Litigation Conduct Rouses IHO / SRO’s Ire

Jul 14, 2020 | by Special Education Solutions

State-level review decisions in due process cases, though they lack binding force outside the cases themselves, often have instructive value for Impartial Hearing Officers. That is the case with Decision No. 190028, (SRO No. 20-080), N.Y.S. Educ. Dep’t State Review...
Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

Parents Cannot Unilaterally Change Their Children’s Stay-Put

Jun 9, 2020 | by Special Education Solutions

The Second Circuit has finally weighed in on the litigation over whether parents whose children who suffered from brain injuries were placed by the New York City Department of Education in iHope, a private academy, may move their children to a similar new school,...
Court Denies Stay-Put Remedy Despite District’s Failure to Identify a School for the Student

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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Recent Articles

  • Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator
  • Court Places Obligation on Parent to Seek Out Continuing Services After Rejecting an Offer of Services
  • Court Says School District Has Responsibility to Work Around the Grandparents Unwillingness to Implement a Virtual Program

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