In 2004, the IDEA was amended to provide for the possibility that school districts and state educational agencies might be able to collect attorney’s fees from parents and parent attorneys if the due process complaint or subsequent litigation was found to be “frivolous, unreasonable, or without foundation”. Apparently, the courts have found one case that […]
Do you have students placed in out-of-state residential (boarding) schools by parents? If so, this OSEP guidance letter may be of interest to you, particularly if some of those students are in Massachusetts and the state or the school has previously sent the parents back to you for evaluation if there was a potential special education issue. […]
Have you heard from some parent advocates that “there is no IEP” for a special education student unless the parent has agreed to the plan proposed by the school district? A recent ruling by the United States Court of Appeals for the Second Circuit reaffirms that an IEP does, in fact, “exist” as a legally […]
The United States Supreme Court has denied a petition to review the decision of the United States Court of Appeals for the Second Circuit in the case of Board of Education of Hyde Park v. Frank G., 459 F.3d 356 (2d Cir. 2006). Reviewing this case would have allowed the high court a second chance to […]
The Supreme Court issued a highly anticipated decision in the case of Board of Education of the City of New York v. Tom F. ex rel. Gilbert F., 107 LRP 58890 (U.S. 2007), but disappointed all court-watchers by failing to rule on the merits of the case. After an impartial hearing officer in New York awarded a family reimbursement for a […]
In a recent decision issued by the Connecticut Supreme Court, the doctrine of sovereign immunity was held to protect a school district from liability from suit as a result of an injury sustained by a parent picking up a six year old child from an after school program sponsored by the Hartford Board of Education. Durrant […]
Public Act 07-147, which took effect October 1, 2007, makes sections of the Connecticut General Statutes concerning the use of seclusion time out and physical restraint previously applicable only to institutions operated by the State and special education schools, now applicable to local and regional boards of education as well. All children receiving special education […]
New guidance issued by the Office of Special Education Programs (OSEP) of the U.S. Department of Education indicates that if a Functional Behavioral Assessment (FBA) is conducted in order to determine behavioral supports and services required for an individual child, that FBA constitutes an “evaluation” under IDEA for which parental consent is required. According to […]
In its Regular Session, the Legislature made several changes to the laws regarding suspension and expulsion of students in Connecticut schools. Some of these changes went into effect on July 1, 2007, while others will not go into effect until July 1, 2008. Knowing which is which is important, since these changes will impact the […]
Public Act 07-3, Section 49, passed during the June Special Session of the Legislature, now requires that the notice of an expulsion hearing include information about free and reduced cost legal services available locally and how to access these services. This requirement took effect on July 1, 2007. If you are still using last year’s […]
