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Special Education Students

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education - June 2025

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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

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

Miller Canfield

Supreme Court: Stop Holding Disabled Students to a Higher Bar

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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

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

Kohrman Jackson & Krantz LLP

Compensatory Education vs. Extended School Year Services Under IDEA

As attorneys representing families and students with disabilities, we are often asked about the differences between compensatory education and Extended School Year (“ESY”) services for students with disabilities. While both...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education - May 2025

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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

McCarter & English, LLP

New Jersey FY 2026—Department of Education Budget Hearing

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

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education

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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

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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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

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Ohio Department of Education & Workforce

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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

Kohrman Jackson & Krantz LLP

Student Rights in a Post-Department of Education Era: What Families Should Expect Moving Forward

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

Tucker Arensberg, P.C.

District Court Dismisses a Parent’s Associational Discrimination Claim Against a School District

Tucker Arensberg, P.C. on

Alex Le Pape, a student at Lower Merion School District (“District”) since 2006, was diagnosed with autism as a child and identifies as a non-speaker. In tenth grade, Alex began communicating using the “spelling to...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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Commonwealth Court Rules Sexual Abuse Provision of Government Immunity Under the Political Subdivision Tort Claims Act Is Limited to Persons Under the Age of 18 - W. on behalf of S.W. v. Pittsburgh Pub. Sch., 327 A.3d 340...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update – January 2025

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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

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

Miller Nash LLP

Practical Considerations for a Disciplined Approach to Student Discipline

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Schools consistently prioritize creating a safe educational environment for students and staff. Prevention and planning are a cornerstone of that process and appropriate discipline of students is a necessary component for...more

Shipman & Goodwin LLP

Peter Maher Quoted in SpecialEdConnection Article Entitled "See notice of unilateral placement as chance to win parents back to...

Shipman & Goodwin LLP on

Imagine that an IEP meeting is scheduled for a couple of weeks from now. The parents have just informed you that they have decided to unilaterally place their child in the private school down the street. You may think your...more

Miller Nash LLP

Don’t Let Concerns About Due Process Undo Your Process: A Checklist for Responding to Special Education Due Process Complaints

Miller Nash LLP on

Sometimes, despite the best and thorough efforts of school employees, parents of students receiving special education services will file a request for a due process hearing (usually known as a “due process complaint”). When...more

Miller Nash LLP

Special Education—Practical Tips From New Cases

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As school administrators know, there are always interesting updates for complying with the Individuals with Disabilities Education Act (IDEA). Recent cases provide important new information for K-12 school teams to improve...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

Marshall Dennehey on

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

Pullman & Comley, LLC

Developments from the 2024 Session of the Connecticut General Assembly Affecting Schools (and Public Employers)

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The following is a brief description of acts that were passed during the 2024 Session of the Connecticut General Assembly that may be of interest to Connecticut school leaders.  ...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

Marshall Dennehey on

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

Franczek P.C.

ISBE Releases Guidance Document on Residential Placements

Franczek P.C. on

ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education...more

Franczek P.C.

Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs

Franczek P.C. on

On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state...more

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