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Top 10 Actions (or Inactions), that Spur Special Education Impartial Hearing Requests for School Districts
On June 12, 2025, the United States Supreme Court unanimously held that claims based on educational services brought under Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of...more
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
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
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
A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more
A year after COVID-19 forced school systems to shutter their doors and transform overnight to a new model of remote learning, they are now facing a new challenge -- educating and supporting students while they transition to a...more
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
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
At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more
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