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Special Education Educational Institutions School Districts

Poyner Spruill LLP

SCOTUS Rules Bad Faith or Gross Misjudgment Not Required for Students to Establish Section 504 or ADA Claims Against School...

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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

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - June 2025

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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

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

Franczek P.C.

School Law Legislative Update: New Laws in Effect in 2025

Franczek P.C. on

Happy New Year! Several Illinois laws related to schools became effective January 1, 2025, and our team at Franczek P.C. has compiled them in its new School Law Legislative Update, focused on new laws in effect in 2025. A PDF...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

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 - School Law

Impact on School District Policies from the 2023 Session of the Connecticut General Assembly

Last week Pullman & Comley released its annual comprehensive summary of legislation affecting Connecticut schools. Included here is our initial take on the key policy and procedural impacts as a result of this year’s...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

Franczek P.C.

Trends in Due Process Litigation

Franczek P.C. on

Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the...more

Tucker Arensberg, P.C.

COVID-19 Does Not Excuse Special Education Duties

Tucker Arensberg, P.C. on

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

Franczek P.C.

Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

Franczek P.C. on

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

Pullman & Comley, LLC

Developments from the 2021 Session of the Connecticut General Assembly Affecting Schools

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The 2021 Regular Session of the Connecticut General Assembly concluded on June 9, 2021, but the primary source of action on education law issues was a special session of the General Assembly and ensuing “budget implementer”...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 IDEA Funding in the American Rescue Plan Act

Franczek P.C. on

The American Rescue Plan Act signed by President Biden at the end of last week includes almost $130 billion in education funding. The vast majority of that money will be distributed to school districts based on the Title I...more

Franczek P.C.

Planning for Return to In-Person Instruction: Special Education Considerations

Franczek P.C. on

ISBE and IDPH recently released their guidance related to Starting the 2020-21 School Year. The guidance addresses a broad range of topics, including some suggestions related to special education. The following week ISBE...more

Franczek P.C.

Cheat Sheet for ISBE’s FAQ for Special Education on the Transition to In-Person Instruction

Franczek P.C. on

On June 30, 2020, ISBE issued an FAQ document with the purpose of assisting school districts in the transition to in-person instruction. This document, which supplements ISBE’s general guidance on return to in-person...more

Pullman & Comley - School Law

Special Education in the Age of the Coronavirus

Connecticut’s mandated closing of school districts up to March 31, 2020 in response to COVID-19 – more colloquially known as the Coronavirus – has left school districts struggling with how they can best continue to provide...more

Franczek P.C.

ISBE Guidance Aims to Relieve Confusion for Closing Schools

Franczek P.C. on

Governor JB Pritzker’s recent order that all K-12 schools in Illinois be closed between March 17 and March 30 has left school districts scrambling to prepare to close school tomorrow. On Saturday, March 14, ISBE updated its...more

Franczek P.C.

In the Nick of Time—Special Education Timelines During School Closures for COVID-19

Franczek P.C. on

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more

Pullman & Comley - School Law

What If Your District Shuts Down and Cannot Meet the 180 School Day Minimum for Instruction?

As you are all aware, a basic educational requirement in the State of Connecticut is that each school district must make a minimum of 180 days of instruction available to students each school year. ...more

Franczek P.C.

2019 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more

Franczek P.C.

Opening the Floodgates? IL Law Requires Notice That Non-IEP-Eligible Students May Qualify for 504

Franczek P.C. on

With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more

Pullman & Comley - School Law

The Aftermath: Developments From The 2019 Session of The Connecticut General Assembly Affecting the Schools

The 2019 Regular Session of the Connecticut General Assembly concluded on June 5, 2019. The legislature passed significant labor and employment legislation that addressed, inter alia, remedies for sexual harassment and...more

Franczek P.C.

Illinois Elementary School District Must Pay Over $300,000 in Tuition and Related Expenses, Including Future High School Tuition,...

Franczek P.C. on

An Illinois hearing officer recently took the rare step of requiring an elementary school district to pay for a former student’s entire high school tuition and related expenses at an out-of-state private boarding school for...more

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