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Court Finds that Parents’ Move Out of District Is No Bar to Reimbursement Claim

Court Finds that Parents’ Move Out of District Is No Bar to Reimbursement Claim

Apr 23, 2023 | by Special Education Solutions

In S.H. v. Issaquah School District, No. 2:21-CV-00137-DGE, 2022 WL 279139, 80 IDELR 134 (W.D. Wash. Jan. 31, 2022), the district court issued a ruling that may be instructive for impartial hearing officers as to the application of statutes of limitations, notice...
Court Finds that Parents’ Move Out of District Is No Bar to Reimbursement Claim

Second Circuit: Entitlement to an IEE Only Available for Comprehensive Eval or Reevaluation

Mar 9, 2021 | by Special Education Solutions

In D.S. v. Trumbull Board of Education, No. 19-644, 2020 WL 5552035, ___ F.3d ___, 77 IDELR 122 (2d Cir. Sept. 17, 2020), the court, by its own description, addressed two issues of first impression: “[W]hether an FBA is an ‘evaluation’ that triggers a parent’s right...
Court Finds that Parents’ Move Out of District Is No Bar to Reimbursement Claim

Claims for Subsequent Failures are Distinct from Prior, Similar Failures and are Not Time Barred

Jun 10, 2020 | by Special Education Solutions

B.B. v. Delaware College Preparatory Academy, No. 19-1649, 2020 WL 63924976 IDELR 1 (3d Cir. Feb. 11, 2020), a nonprecedential decision, may be of interest to impartial hearing officers in making determinations about which claims are timely and which are barred by...
Court Finds that Parents’ Move Out of District Is No Bar to Reimbursement Claim

IDEA Claim Accrual Depends on Allegation, Fifth Circuit Holds

Jun 9, 2020 | by Special Education Solutions

R.S. v. Highland Park Independent School District, No. 19-10458, 2020 WL 914703, ___ F.3d ___, 120 LRP 7549 (5th Cir. Feb. 25, 2020), presents the issue of accrual of claims for purposes of the statute of limitations for due process hearing requests. It also contains...
Court Finds that Parents’ Move Out of District Is No Bar to Reimbursement Claim

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School District v. C.M., 744 F. App’x 7, 72 IDELR 172 (2nd Cir. 2018), is a noteworthy case despite the fact that it is nonprecedential.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...
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