The Connecticut State Board of Labor Relations recently issued a decision, Region 16 Board of Education, Decision No. 4270 (2007), in which it held that a unilateral change in the workload of Special Education Teachers constituted a prohibited practice. In doing so, the Board created an exception to the general rule that a unit wide fixed practice […]
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 […]
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 […]
The U.S. Supreme Court has ruled that the Individuals with Disabilities Education Act (IDEA) grants parents independent legal rights which encompass the entitlement to a free appropriate public education (FAPE) for their child. The decision means that non-attorney parents can litigate IDEA claims in federal court unrepresented by legal counsel, because they are acting on […]
Responding to requests for clarification of the new 2006 IDEA regulations issued in the area of student discipline, OSERS issued non-binding guidance entitled “Questions and Answers on Discipline Procedures”, found at 47 IDELR 227 (OSERS 2007). In this commentary, OSERS states that the “2004 amendments to section 615(k) of the IDEA were intended to address […]
