Tag: Individuals with Disabilities Education Act
Stay-Put Shake-up: Third Circuit Holds Parents Entitled to Attorneys’ Fees for Non-Compliance with Stay-Put
By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Third Circuit Court of Appeals has issued an important decision finding that parents in special education litigation with school districts will be considered “prevailing parties” entitled to an award of attorneys’ fees in the event the district ignores or fails to comply with its obligations under the “stay-put” provision of the Individuals with Disabilities Education Act (“IDEA”). M.R. & J.R. ex. E.R. v. Ridley Sch. Dist., No. 16-2465, 117 L.R.P. 34473 (3d Cir. 2017). On August 22, 2017, the Third Circuit issued its decision substantially altering the landscape of […]
District Court Denies Parents’ Claims Against School Board Involving Nursing Issue
The parents of a disabled student brought claims against the Voorhees Township Board of Education (“Board”) alleging various violations, including violations of the Individuals with Disabilities Education Act (“IDEA”), for failing to place a nurse onsite at the school building the student would have attended for his extended school year (“ESY”) program. On June 5, 2017, the District Court for the District of New Jersey in R.G. v. Hill, found no violations and affirmed the Administrative Law Judge’s decision dismissing the parents’ claims. Neither the student’s individualized education plan (“IEP”) nor his medical needs required a nurse to be physically […]
Upcoming Seminar: “FBAs and BIPs: An Essential Legal Guide”
On Monday, June 19, 2017, Sanmathi (Sanu) Dev, Esq. will be presenting at the National Business Institute’s seminar entitled “FBAs and BIPs: An Essential Legal Guide.” Her presentation is called “The IDEA, FBAs and BIPs: Legal Requirements and Grey Areas.” The seminar will be held in Cherry Hill, New Jersey. For additional information and registration, please click here.
Upcoming Seminar at NJSBA Spring School Law Forum
On Wednesday, June 14, 2017, Sanmathi (Sanu) Dev, Esq. and Lauren E. Tedesco, Esq. will be presenting at the New Jersey School Boards Association’s Spring School Law Forum. They will be speaking about uncommon accommodations and service animals for students in school. The seminar will be held in Monroe, New Jersey. For additional information and registration, please click here.
Upcoming Seminar at Lehigh University’s 45th Special Education Law Conference
On Friday, May 12, 2017, Sanmathi (Sanu) Dev, Esq. and Cameron R. Morgan, Esq. will be presenting at Lehigh University’s 45th Special Education Law Conference. Their presentations are entitled “Mental Health, Including Therapeutic Placements: Balancing the Law and Family Support” and “Special Education Law 101: The Do’s and Don’ts of Special Education Litigation.” The seminar will be held in Lehigh, Pennsylvania. For additional information and registration, please click here.
U.S. Supreme Court Decides Substantive Standard for FAPE to Special Education Students
By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. For many months now, those involved in the world of special education have been patiently awaiting the issuance of one of the most important legal decisions in special education in the past 35 years, since the seminal Rowley decision was handed down in 1982. On March 22, 2017, the United States Supreme Court decided the case of Endrew F. v. Douglas County School District, 580 U.S. ___ (2017), in which it confronted the difficult issue of the appropriate substantive standard for determining whether special education students have been provided with […]
U.S. Supreme Court Rules Exhaustion of Administrative Remedies Not Required in Non-FAPE Cases
In a long awaited case involving a student requesting the use of a service dog in school, the United States Supreme Court unanimously ruled on February 22, 2017 in Fry v. Napoleon Community Schools that parents are not required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint does not allege a denial of a free appropriate public education (“FAPE”). This case involved a student with cerebral palsy who qualified for special education and related services under the IDEA when she attended a public school in Michigan. As a result, she […]
Upcoming Seminar: “Guide to Special Education Law for Attorneys & Educators”
On Tuesday, March 7, 2017, Sanmathi (Sanu) Dev, Esq. will be presenting at the Camden County Bar Association’s three-part seminar entitled “Guide to Special Education Law for Attorneys & Educators.” Ms. Dev will be speaking about individualized education plans (“IEPs”) and strategies for successful IEP meetings. The seminar will be held at the Tavistock Country Club in Haddonfield, New Jersey. For additional information and registration, please click here.
Upcoming Seminar: “IEPs and 504 Plans: A Legal Compliance Guide”
On Friday, December 2, 2016, Sanmathi (Sanu) Dev, Esq. will be presenting at the National Business Institute’s two-day seminar entitled “IEPs and 504 Plans: A Legal Compliance Guide.” Ms. Dev will be speaking about handling IEP and 504 plan disputes, as well as legal best practices for 504 plan reviews and reevaluations. The seminar will be held at the Holiday Inn in Cherry Hill, New Jersey. For additional information and registration, please click here.
Third Circuit Upholds Dismissal of Parents’ Complaint for Failure to Exhaust Administrative Remedies
Parents who bring claims on behalf of a disabled student under the Individuals with Disabilities Act (“IDEA”) against a school district are first required to follow the administrative process. In New Jersey, IDEA claims must first be filed with the State’s Office of Special Education Programs, and then the case is transmitted to the Office of Administrative Law for a due process hearing and disposition. A parent who disagrees with the Administrative Law Judge’s decision may then file an appeal in federal court. Are parents required to exhaust this same administrative process when they allege violations under Section 504 of the […]
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