A Capehart Scatchard Blog

Tag: Individuals with Disabilities Education Act

OSEP Clarifies: Parental Consent Not Required to Conduct Post-Secondary Transition Assessments if Child Study Team not Reevaluating

By on April 22, 2019 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. and Nicole Crincoli, Law Clerk The Individuals with Disabilities Education Act (“IDEA”) requires informed parental consent to be provided prior to a child study team performing any number of different actions in the course of the special education process.  Whether a school district needs to obtain written parental consent prior to administering postsecondary transition assessments had been a question of some debate.  In a recent guidance letter from the Office of Special Education Programs (“OSEP”), Letter to Olex, 119 L.R.P. 8445, 74 I.D.E.L.R. 22 (Feb. 22, 2019), OSEP indicated that individualized education program (“IEP”) teams generally […]

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Special Education Settlement Subject to 6-Year Statute of Limitations

When boards of education resolve disputes with parents of special education students, they often enter into settlement agreements with the parents which are approved by an Administrative Law Judge (“ALJ”) of the New Jersey Office of Administrative Law (“OAL”). On February 27, 2019, the New Jersey Appellate Division in L.A. v. South Orange-Maplewood Board of Education issued a decision affirming that parties to a settlement agreement approved by the OAL are subject to a six-year statute of limitations to enforce that agreement. In 2000, the parent of a special education student initiated litigation against the South Orange-Maplewood Board of Education (“Board”) seeking reimbursement […]

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District Court Denies Parents’ Request for IEE

Parents of special education students have the right to request an independent educational evaluation (“IEE”) at the expense of the school district if they disagree with any assessment conducted as part of an initial evaluation or a reevaluation conducted by the school district. However, that right is not unfettered. On January 31, 2019, the United States District Court for the District of New Jersey in S.S. and M.S., o/b/o H.S. v. Hillsborough Township Public School District overturned an Administrative Law Judge’s decision and determined (1) parents are only entitled to an IEE at the district’s expense when they disagree with an evaluation or reevaluation […]

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Parents Not Entitled to IEE at Public Expense Due to Minor Flaws in Reevaluation

By on October 10, 2018 in Special Education/504 with 0 Comments

In the realm of New Jersey special education, it is not a rare occurrence for parents to request an independent educational evaluation (“IEE”) of a special education student at public expense in response to an evaluation of the student conducted by the child study team.  Each year, New Jersey school districts are faced with hundreds of requests for IEEs at public expense.  The vast majority of these are granted voluntarily by the district, sometimes on the basis of a cost-benefit assessment that has little to do with whether the evaluation was appropriately conducted or whether the IEE will shed any […]

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Attorney’s Fees Relevant to Ten-Day Offers in IDEA Cases

A major concern for school districts in special education cases is the potential for parents to recover attorney’s fees if they are considered prevailing parties under the Individuals with Disabilities Education Act (“IDEA”). School districts may limit exposure by extending a “ten-day offer” in which it makes an offer of settlement to the parents at least ten days before an administrative due process hearing. If the parent rejects the ten-day offer, the parent may only recover attorney’s fees for work done after the time of the offer if (1) the hearing leads to more favorable relief than the offer included, […]

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What You Need to Know About OCR Complaints & Investigations – Part 2

By on April 3, 2018 in Other with 0 Comments

By: Lauren E. Tedesco, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Last week we discussed the Office for Civil Rights’ (“OCR”) jurisdiction to enforce anti-discrimination laws in school districts, as well as the filing of complaints with the OCR and opening letters and data requests. Today, we will discuss best practices to responding to a data request, and discuss further investigation procedures, including interviews and letters of finding. Responding to a data request can be a time consuming process, as many times the OCR will ask for extensive information and documentation. Along with speaking to staff members involved, it is important […]

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What You Need to Know About OCR Complaints & Investigations – Part 1

By on March 27, 2018 in Other with 0 Comments

By: Lauren E. Tedesco, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Office for Civil Rights (“OCR”) is the federal agency charged with enforcing anti-discrimination laws in programs or activities that receive federal financial aid from the United States Department of Education (“USDOE”). The OCR investigates alleged discrimination on the basis of race, color, and national origin pursuant to Title IV of the Civil Rights Act of 1964; sex discrimination pursuant to Title IX of the Education Amendments of 1972; discrimination on the basis of disability pursuant to Section 504 of the Rehabilitation Act of 1973; and age discrimination pursuant to […]

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ALJ Grants IEE Due to District’s Failure to File for Due Process

The New Jersey regulations under N.J.A.C. 6A:14-2.5(c) address the rights of a parent of a special education student to an independent educational evaluation (“IEE”) at the school district’s expense. A decision issued by a New Jersey Administrative Law Judge (“ALJ”) on January 9, 2018 in S.S. and M.S. o/b/o H.S. v. Hillsborough Township Public School District highlights the importance of complying with procedural requirements if a school district wishes to deny a parent’s request for an IEE. On June 6, 2017, the parents in this case requested an IEE performed at the Hillsborough Township Public School District’s (“District”) expense. The District notified […]

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Third Circuit Upholds Dismissal of Parents’ Complaint for Failure to Exhaust Administrative Remedies – Again

By on February 27, 2018 in Special Education/504 with 0 Comments

In the last year, our federal courts have addressed the exhaustion of administrative remedies requirement for parents who bring claims against a school district on behalf of a disabled student under Section 504 of the Rehabilitation Act (“Section 504”). Notably, the U.S. Supreme Court ruled in February 2017 in Fry v. Napoleon Community Schools that parents are required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint alleges a denial of a free appropriate public education (“FAPE”). The Third Circuit Court of Appeals, which applies to New Jersey, recently applied the […]

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Proactive Representation Part II: Proving a Case for Emergent Relief on Behalf of a School District

By on February 6, 2018 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In last week’s segment, we discussed the importance of filing for due process and seeking emergent relief on behalf of a school district when the parents of a child receiving special education and related services take action, or refused to take action, in a way that prevents the district from fulfilling its legal obligation under the Individuals with Disabilities Education Act (“IDEA”) to provide the child with his or her right to a free and appropriate public education (“FAPE”). Today, we discuss the mechanics of doing so and highlight the […]

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