Lessons from a Denial of FAPE

In Endrew F.  v. Douglas County School District, the U.S. Supreme Court ruled that to provide a free appropriate public education (FAPE), school districts must develop individualized education programs (IEPs) that are reasonably calculated to enable a student to make progress appropriate in light of his or her circumstances. To […]

There Was No Signing Ceremony

            November 29, 2020 marks the 45th Anniversary of the signing of PL 94-142, the now titled Individuals with Disabilities Education Act or IDEA. Many do not remember 45 years ago, so therefore we here at SpedLawBlog would like to share some memories and reminders of what life was like prior […]

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 […]