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Top 10 Actions (or Inactions), that Spur Special Education Impartial Hearing Requests for School Districts
Pennsylvania Recognizes 15 Postsecondary Institutions for Efforts to Support Student Mental Health and Prevent Suicide - Pennsylvania Department of Education Press Release - May 27, 2025 - Philadelphia, PA - At Temple...more
Third Circuit Upholds Award of Attorneys’ Fees Despite Student’s Loss Before Administrative Law Judge - Augustyn v. Wall Twp. Bd. of Educ., No. 23-3156, 2025 WL 1352259 (3d Cir. May 9, 2025) - The student was unsuccessful...more
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
A New Initiative to Support Transition from Early Intervention to Kindergarten - The Pennsylvania Department of Education (PDE) and the Pennsylvania Department of Human Services (DHS) jointly launched a new initiative known...more
On April 21, 2025, New Jersey Department of Education (NJDOE) Commissioner Kevin Dehmer testified before the Assembly Budget Committee to present the Department’s FY 2026 budget proposal. The proposal outlines a $22.2 billion...more
The Uncertain Future of Special Education: Presidential Authority and the Proposed Shift to HHS - With the United States Department of Education in a state of flux at the national level, one question that looms large is the...more
Court Allows Supplementation of Record in Special Education Appeal, Weighing Child Find Obligations. Q.H. by and through Regan H. v. Scranton School Dist., 2025 WL 419529 (M.D. Pa. Feb. 6, 2025)...more
Ohio Implements New Technology Policy Across All Public Schools - As the role of technology continues to evolve, the policies governing it must also follow suit. As of July 1, 2025, every public school in Ohio will be forced...more
Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of...more
We save futures – and despite the uncertainty associated with President Trump’s decision to dismantle the Department of Education – our commitments remain the same. The better question, however, is how attorneys who represent...more
Due to the situation-specific nature of parental involvement in educational decisions, nonparticipation in one decision due to a procedural inadequacy is not automatically a major barrier to a parent’s input in the overall...more
Commonwealth Court voids Pennsylvania Department of Education’s newly imposed Age-Out Plan for failure to implement it in accordance with Pennsylvania Laws.* PSBA, Inc., et al. v. Dr. Khalid N. Mumin, Secretary of Education...more
On May 16, 2024, the Pennsylvania Commonwealth Court overturned a Pennsylvania Department of Education (“PDE”) regulation stating special education students are entitled to a free and appropriate public education until the...more
As school districts around the Commonwealth embark on the 2023-24 school year, the Pennsylvania Department of Education (PDE) has sprung a surprise by issuing direction that local educational entities (LEAs) must now provide...more
The long-anticipated state biennial budget (Ohio House Bill 33) is headed to the Governor for approval. The Bill contains significant changes for Ohio schools; below is a summary of those changes. Also, be on the lookout for...more
At its March 10, 2023 meeting, the General Assembly’s Education Committee began the process of approving bills. The following is a brief summary of the bills that the Committee voted favorably on and advanced out of...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
On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more
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
The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more
In this immediate post-COVID-19 education landscape in which schools are contemplating a full return to in-person instruction, schools are also grappling with the stark realities of achievement gaps and the disproportionate...more
Bricker attorneys Melissa Bondy and Katy Osborn will discuss ODE’s proposed changes to the Special Education Operating Standards and special education issues facing districts as they resume in-person instruction....more
Since the beginning of the COVID-19 pandemic, no formal flexibility has been granted to schools to deviate from State and federal special education requirements. ...more
As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more
The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain...more