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Sticking to an Existing Program in the Face of Limited or No Progress Resulted in an Award of Reimbursement

Sticking to an Existing Program in the Face of Limited or No Progress Resulted in an Award of Reimbursement

Apr 23, 2023 | by Special Education Solutions

Falmouth School Department v. Doe, 44 F.4th 23, 81 IDELR 151 (1st Cir. Aug. 9, 2022), is of interest on issues of free, appropriate public education and private placement in the context of a student’s severe reading disability. The ruling affirmed district court and...
Sticking to an Existing Program in the Face of Limited or No Progress Resulted in an Award of Reimbursement

Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies

Apr 23, 2023 | by Special Education Solutions

VW v. New York City Department of Education, No. 21 CIV. 6317, 2022 WL 3448096, 81 IDELR 194 (S.D.N.Y. Aug. 17, 2022), is a significant case concerning remedies for denial of free, appropriate public education. It involved a 16-year-old student who was diagnosed with...
Sticking to an Existing Program in the Face of Limited or No Progress Resulted in an Award of Reimbursement

Failure to Provide Parents with Location of Services Resulted in Private School Reimbursement

Apr 23, 2023 | by Special Education Solutions

V.A. v. City of New York, No. 20-CV-0989(EK)(RML), 2022 WL 1469394, 81 IDELR 46 (E.D.N.Y. May 10, 2022), addresses issues of notice of placement as well as appropriate education. Accordingly, it may be of guidance to impartial hearing officers. The parent sought...
Sticking to an Existing Program in the Face of Limited or No Progress Resulted in an Award of Reimbursement

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...
Sticking to an Existing Program in the Face of Limited or No Progress Resulted in an Award of Reimbursement

Drafting IEP Prior to Meeting is not Predetermination When Draft is Modified at Meeting to Address Parent’s Concerns

Apr 19, 2023 | by Special Education Solutions

A.P. v. School Board of Fairfax County No. 1:21-CV-504, 2022 WL 1105076, 80 IDELR 277 (E.D. Va. Apr. 13, 2022), affirmed a decision of a hearing officer in favor the school district in a case involving a student with severe dyslexia and other conditions. Along the...
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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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