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Top 10 Actions (or Inactions), that Spur Special Education Impartial Hearing Requests for School Districts
Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...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 Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how...more
On July 26, 2021, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) issued a Factsheet explaining the potential for students who have been infected with COVID-19 to...more
A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district...more
In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related...more
While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more
OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students...more
The U.S. Department of Education Office of Civil Rights (“OCR”) issued a fact sheet today entitled “Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students.” The fact sheet addresses various...more
There is a classic New Yorker cartoon in which an executive, discussing on the phone a possible meeting, says: “How about never – is never good for you?” This cartoon comes to mind when considering the requirement to hold...more
We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more
School Districts should keep in mind last year’s guidance from the U.S. Department of Education Office of Civil Rights (OCR) that students with attention deficit/hyperactivity disorder (ADHD) are entitled to equal educational...more
In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more