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The Building Moved, the Program Didn’t

The Building Moved, the Program Didn’t

Apr 20, 2026 | by Special Education Solutions

When a family moves across town and the school district reassigns their child to a different building, is that a change of educational placement under the Individuals with Disabilities Education Act (IDEA)? That is the question at the heart of Fofanah v. Board of...
Tuition Reimbursement Doesn’t Automatically Trigger Stay-Put

Tuition Reimbursement Doesn’t Automatically Trigger Stay-Put

Feb 7, 2026 | by Special Education Solutions

In Irvine Unified School District v. Landers, Nos. 21-55290, 21-55663, 21-55882, 2023 WL 8915431, 124 LRP 3 (9th Cir. Dec. 26, 2023) (unpublished), the Ninth Circuit addressed whether administrative law judge (ALJ) orders awarding tuition reimbursement also...
Tuition Reimbursement Doesn’t Automatically Trigger Stay-Put

When Stay-Put Can’t Preserve an Unavailable Placement

Feb 7, 2026 | by Special Education Solutions

The stay-put provision of the IDEA, which requires that a child remain in his or her then-current educational placement during the pendency of proceedings unless the parties agree otherwise, can be difficult to apply when a placement ends for reasons unrelated to a...
Tuition Reimbursement Doesn’t Automatically Trigger Stay-Put

Ambiguous Pendency Orders Prompt Remand for Clarification

Feb 7, 2026 | by Special Education Solutions

In Davis v. Banks, No. 22-CV-8184 (JMF), 2023 WL 5917659, 123 LRP 29611 (S.D.N.Y. Sept. 11, 2023), the district court addressed two recurring issues arising from pendency (“stay-put”) orders involving placements at a private school known as iBrain: (1) whether a...
Tuition Reimbursement Doesn’t Automatically Trigger Stay-Put

Stay-Put Funding Required When No IEP Placement Exists

Feb 7, 2026 | by Special Education Solutions

In L.G. v. New York City Department of Education, No. 23-CV-9268, 2023 WL 8044937, 123 LRP 33163 (S.D.N.Y. Nov. 3, 2023), the court applied stay-put principles to a situation in which no available placement conformed to the student’s individualized education program...
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Recent Articles

  • No Carve-Out: Religious Instruction as Part of FAPE
  • The Building Moved, the Program Didn’t
  • A Reduced Fee Award and a Rejection of AI-Generated Support

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