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...
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...
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,...
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B.B. v. Delaware College Preparatory Academy, No. 19-1649, 2020 WL 63924976 IDELR 1 (3d Cir. Feb. 11, 2020), a nonprecedential decision, may be of interest to impartial hearing officers in making determinations about which claims are timely and which are barred by...
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...