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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 – 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

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 – 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

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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

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

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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

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

Kohrman Jackson & Krantz LLP

Ohio Advances Early Identification and Support for Students with Dyslexia

Starting this Fall, Ohio’s Dyslexia Law mandates that schools take a more holistic approach to dyslexia. For starters, school districts will have to screen all children in grades K-3 and students grades 4-6, if requested by...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

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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

Foster Garvey PC

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

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Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more

Franczek P.C.

Trends in Due Process Litigation

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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 - 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

Bricker Graydon LLP

[Webinar] Wednesday Webinar: A New World in Special Education – Ohio’s Operating Standards & Other Recent Developments (Pre-K to...

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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

Franczek P.C.

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

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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

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