News & Analysis as of

IDEA School Districts Due Process

Epstein Becker & Green

Cleaning the Cupboard—Six More Decisions in One Day, and a Largely Harmonious Court - SCOTUS Today

Epstein Becker & Green on

As the end of the term seems to be rushing towards us, the U.S. Supreme Court issued six more opinions yesterday, mostly unanimous or near unanimous....more

Miller Nash LLP

Don’t Let Concerns About Due Process Undo Your Process: A Checklist for Responding to Special Education Due Process Complaints

Miller Nash LLP on

Sometimes, despite the best and thorough efforts of school employees, parents of students receiving special education services will file a request for a due process hearing (usually known as a “due process complaint”). When...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

Miller Canfield on

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

Best Best & Krieger LLP

New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Brooks Pierce

Student’s Poor Motivation May Be Fatal To An IDEA Claim Premised On A School District’s Procedural Violation

Brooks Pierce on

School districts have an additional defense in their arsenal when faced with an alleged procedural violation of the IDEA: the student’s own poor motivation. The United States Fourth Circuit Court of Appeals, whose...more

Fisher Phillips

SCOTUS Service Dog Decision Could Spell Bad News For Schools

Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court today ruled that a disabled child’s parents were not legally required to jump through certain additional hoops and exhaust administrative remedies in a service animal dispute...more

Pullman & Comley - School Law

Taking The “Due” Out of Due Process – OSERS and Compliance Complaints

During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.” That is much the same...more

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