New Ruling on FBA’s and IEE’s

New Ruling on FBA’s and IEE’s Second Circuit In the case of D.S. v. Trumbull Board of Education, issued on September 17, 2020, the United States Court of Appeals for the Second Circuit ruled FBAs are not evaluations or reevaluations within the meaning of the IDEA. This decision is inconsistent with […]

A Case Emphasizing the Importance of Addressing Mental Health Services: Independent School District v. EMDH, 8th Cir. 2020

The case of Independent School District v. E.M.D.H. (2020) involved a gifted secondary student, E.M.D.H. (hereinafter E.M.), who had school phobia, generalized anxiety disorder, an obsessive-compulsive disorder, severe depression, attention deficit hyperactivity (ADHD) disorder, and a panic disorder. In this case, the parents filed for a due process hearing under […]

SPED LAW Manhattan Case

A special education lawsuit was filed in federal court in New York against every school district and every state department of education in the United States. The suit alleged virtual learning without in-person support denied a FAPE to students with disabilities nationwide. Some school districts across the nation, well outside of […]

Legislative Alert! Take Action

On June 29, 2020, Senators Maggie Hassen (D-NH), Chris Murphy (D-CT), and Chris VanHollen (D-MD) introduced the “Supporting Children with Disabilities During COVID-19 Act.”  The purpose of the Act is to support one time emergency funding of the Individuals with Disabilities Education Act (IDEA) to support the needs of students […]

OSEP COVID-19 Questions & Answers: Implementation of IDEA Part B and Part C Procedural Safeguards

NEW!OSEP COVID-19 Questions & Answers: Implementation of IDEA Part B and Part C Procedural SafeguardsColleagues:The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) released Questions and Answers (Q&A) documents in response to inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part B and […]

OSEP COVID-19 Questions & Answers: Implementation of IDEA Parts B and C Use of Funds Flexibility in Implementation of IDEA Part B Fiscal Requirements

OSEP COVID-19 Questions & Answers: Implementation of IDEA Parts B and C Use of FundsFlexibility in Implementation of IDEA Part B Fiscal Requirements Colleagues: The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) released Questions and Answers (Q&A) documents in response to inquiries concerning implementation of […]

COVID- New Dispute Resolution Guidance from OSEP

OSEP issued Q&A documents in response to inquiries concerning implementation of the IDEA Part B and Part C dispute resolution procedures in the current COVID-19 environment. IDEA Part B https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-dispute-resolution-procedures-part-b.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= IDEA Part C https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-dispute-resolution-procedures-part-c.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

INDIAN EDUCATION: Actions Needed to Ensure Students with Disabilities Receive Special Education Services

INDIAN EDUCATION: Actions Needed to Ensure Students with Disabilities Receive Special Education Services GAO-20-358: Published: May 22, 2020. Publicly Released: Jun 5, 2020. Found at: https://www.gao.gov/products/gao-20-358 In a recent Government Accounting Office (GAO) report, the Bureau of Indian Education (BIE) did not provide or could not account for almost 40 […]