On June 22, 1999. the U.S. Supreme Court announced the 6 to 3 ruling in Olmstead v. L.C. In this case, the Supreme Court ruled on the integration mandate of the Americans with Disabilities Act (ADA). In the majority opinion, Justice Ruth Baker Ginsburg wrote that the unjustified segregation of […]
If you see anything that should be included, please let me know at DavidBateman@me.com Supreme Court Ruling May Upend Disability Rights Protections, Advocates Fear Countless federal regulations ensuring the rights of people with disabilities could face legal challenges after the U.S. Supreme Court overturned a 40-year-old precedent. The recent ruling […]
Chevron Deference Explained Chevron deference is a judicial doctrine stemming from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. It directs courts to defer to a federal agency’s interpretation of ambiguous statutory language, provided the interpretation is reasonable. The doctrine follows a two-step process: Impact of […]
July 2 was the 60th anniversary of the signing of the Civil Rights Act of 1964 into law by President Lyndon B. Johnson. This law, clearly one of the most important pieces of legislation in our nation’s history, was the first of a number of civil rights laws. Title VI […]
Special Education Law Update Special Education Case Appealed to the Supreme Court The U.S. Supreme Court is being asked to take up a case centering on whether parents have the right to record meetings with their child’s school district about special education services. https://www.usatoday.com/story/news/politics/2024/06/05/iep-disabilities-autism-supreme-court-massachusetts/73879835007/ Rejected: 504 No new regs, but […]
CADRE Published a great piece about special education teachers testifying in due process hearings. “I Didn’t Sign Up For This!”: Considering The Impact of Due Process On Teachers https://www.cadreworks.org/resources/literature-article/i-didnt-sign-considering-impact-due-process-teachers Summary:The Individuals with Disabilities Education Act (IDEA) offers a framework to resolve disputes between schools and parents over a student’s Individual […]
The 2024 Title IX Final Rule significantly expands and updates the regulatory framework governing sex discrimination in education programs receiving federal financial support. Here are more detailed insights into several key aspects of the rule: 1. Comprehensive Definitions: 2. Clarification and Expansion of Sex Discrimination Scope: 3. Administrative and Training […]
New Title IX regulations were released today. They were two years in the making. Expect a lot of commentary and push-back. We will have a summary of the new regulations within the next week. They can be found here: https://titleixforall.com/new-title-ix-regulations-released
Last week the US Department of Education released updated guidance on the use of Assistive technology in schools for students eligible for special education and related services. There are a lot of misconceptions related to the use of AT. Below, we have summarized some of the key components. A lot […]
Today’s blog post was written by Dr. Kimberly Knackstedt, She previously has served in disability policy positions in Congress and the White House. From 2019 to 2021, she was the senior disability policy advisor for Senator Patty Murray on the Health, Education, Labor and Pensions Committee in the U.S. Senate. In […]
In today’s blog I will discuss an interesting case out of the U.S. Court of Appeals for the 11th, Circuit, Powell v. School Board of Volusia County, Florida (2023). The case is available on the 11th Circuit website. It is of special interest because the school district prevailed at the […]
Now is the time to consider ESY determinations-before the Winter Break. We will address what is ESY, how to make determinations, and the steps to consider over the next ew weeks. What is ESY? STANDARDS FOR DETERMINING NEED FOR ESY SERVICES Courts have delineated various standards that school districts should […]
SPED LAW BLOG 