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Shipman & Goodwin LLP

Special Education Legislative Update

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In its recently adjourned session, the General Assembly passed two major bills regarding special education. Although the Governor has not yet signed these bills, we wanted to provide a brief and non-exhaustive overview of the...more

Pullman & Comley, LLC

Developments from the 2024 Session of the Connecticut General Assembly Affecting Schools (and Public Employers)

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The following is a brief description of acts that were passed during the 2024 Session of the Connecticut General Assembly that may be of interest to Connecticut school leaders.  ...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

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PDE PUBLISHES 2022–2023 REPORT OF EXPENDITURES RELATING TO EXCEPTIONAL PENNSYLVANIA STUDENTS - Act 16 of 2000, in part, amended Section 1372 of the Public School Code of 1949, and it requires the Pennsylvania Department of...more

Franczek P.C.

Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs

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On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state...more

Marshall Dennehey

Legal Update for Special Education Law – Case Updates Regarding Section 504 of the Rehabilitation Act

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Third Circuit affirms lower court finding that a school district did not violate the IDEA or Section 504 of the Rehabilitation Act. Zachary J. through Jonathan and Jennifer J. of Lafayette Hill, PA v. Colonial Sch. Dist.,...more

Pullman & Comley - School Law

Special Education Law Updates from the 2023 Session of the Connecticut General Assembly

To follow-up on our annual School Law legislative update, over the next few weeks we will be highlighting and analyzing the most important developments from this year’s session of the General Assembly that Connecticut K-12...more

Pullman & Comley, LLC

Developments from the 2023 Session of the Connecticut General Assembly Affecting Public Schools

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The 2023 Regular Session of the Connecticut General Assembly concluded on June 7, 2023.  The following is a brief description of acts that were passed by the General Assembly that may be of interest to Connecticut’s K-12...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

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The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

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Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

Franczek P.C.

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

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The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more

Franczek P.C.

New Federal Guidance Reiterates Child Find Responsibilities

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Welcome to the 2021-2022 school year. As the new year gets underway, the Office of Special Education and Rehabilitative Services (OSERS) within the Department of Education advised states and districts that it will be...more

Franczek P.C.

New Year, New Laws

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Welcome to the 2021-2022 school year! As we begin, special education leaders should take note of several new laws recently signed by the Governor. We have been talking a lot about HB 40 and HB 2748, which extend transition...more

Franczek P.C.

Two New Bills Offer Extended Special Education Services to Transition Students

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Just hours before the conclusion of the spring legislative session, the Illinois General Assembly passed two bills that will significantly impact students who receive services until age 22.  The first, HB40, impacts students...more

Franczek P.C.

COVID 19-Handbook V.2: What are the Implications for Special Education?

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The Department of Education recently issued Volume 2 of its COVID-19 Handbook. The handbook offers suggestions for creating safe and healthy learning environments, addressing lost instructional time, and supporting educator...more

Pullman & Comley - School Law

A Costly Mistake: Waiting Too Long To Correct an Error in an IEP

It is not uncommon for school districts and parents to disagree over what is to be included in a child’s individualized education program (“IEP”).  The Individuals with Disabilities Education Act (“IDEA”) provides a process...more

Franczek P.C.

New Bill Would Bring More Changes to Special Education Procedures

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Less than a year ago, Public Act 101-0515 sent Illinois special educators scrambling to comply with an array of new procedural requirements. Now, as if you aren’t dealing with enough challenges related to remote learning and...more

Franczek P.C.

ISBE Cuts Off Reimbursements for Hearing Officer Ordered Placements in Non-Approved Special Education Facilities

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On February 14, 2020, ISBE issued notice that it will no longer provide reimbursement for students placed at non-approved special education facilities, even if the placement is ordered by a hearing officer. In a brief...more

Franczek P.C.

Are Extended Special Education Services Coming to Illinois?

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IAASE recently reported that HB 3897 is currently making its way through the Illinois legislative process. This bill would expand special education eligibility to students through the school year in which they turn 22....more

Franczek P.C.

New Law Adds Procedural Requirements for Special Education in Illinois

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You know from our previous post regarding recent legislation in Illinois, we have had our eye on House Bill 3586, which has been awaiting the Governor’s signature since June. Well, the time has come; Governor Pritzker signed...more

Pullman & Comley, LLC

ALERT - CT Legislative Update

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The 2018 Regular Session of the Connecticut General Assembly passed bills that, among other things: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at reducing and rescinding...more

Pullman & Comley - School Law

CHRO – A New Horizon For Students With Disabilities?

As my colleague Rachel Ginsburg aptly foretold, Connecticut’s Commission on Human Rights and Opportunities [“CHRO”] has indicated an interest in involving itself with discrimination claims concerning the schools. A recent...more

Franczek P.C.

Supreme Court Holds IDEA Exhaustion Required When Crux of Complaint Is a Denial of FAPE

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The Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more

Franczek P.C.

Supreme Court Will Review Two Special Education Cases this Term

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The Supreme Court currently has two important special education cases on its docket for this term. The first is Endrew F. v. Douglas County School District (10th Cir.), which will revisit the free and appropriate public...more

Stinson LLP

Connecticut Court Orders Major Overhaul of Primary and Secondary Education Policies

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On September 7, 2016, a Connecticut trial court in Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, ordered the state to implement major reforms to its education policies. More than a decade ago, a...more

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