News & Analysis as of

Special Education Office of Civil Rights Public Schools

Miller Canfield

Supreme Court: Stop Holding Disabled Students to a Higher Bar

Miller Canfield on

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

Franczek P.C.

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

Franczek P.C. on

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

Franczek P.C.

OCR Decision Highlights Common Child Find Red Flags

Franczek P.C. on

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

Franczek P.C.

What Will a Biden-Harris Administration Mean for Special Education?

Franczek P.C. on

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

Franczek P.C.

OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment

Franczek P.C. on

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

Rumberger | Kirk

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

Rumberger | Kirk on

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

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