A Capehart Scatchard Blog

Tag: Special Education (IDEA) & Section 504 of the Rehabilitation Act

Upcoming Seminar at NJSBA Spring School Law Forum

By on April 17, 2017 in Seminars, Students with 0 Comments

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.

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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.

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U.S. Supreme Court Decides Substantive Standard for FAPE to Special Education Students

By on March 23, 2017 in Special Education/504 with 0 Comments

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 […]

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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 […]

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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.

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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.

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Out-of-District Placement Not Required to Utilize Aides Preferred by Sending District

By on October 5, 2016 in Special Education/504 with 1 Comment

In Trenton Board of Education v. Mercer County Special Services School District, OAL DKT. NO. EDU 16465-15, AGENCY DKT. NO. 306-10/15 (Sept. 20, 2016), the Trenton Board of Education (“Trenton”) sought to supply individual aides through a contracted vendor for its special education students who are placed out-of-district at the Mercer County Special Services School District (“Special Services”), rather than rely on Special Services to hire and provide the aides. Trenton believed it could provide the aides at a less expensive rate than Special Services. However, the New Jersey Commissioner of Education, who affirmed the Administrative Law Judge’s decision, rejected […]

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

By on September 21, 2016 in Special Education/504 with 0 Comments

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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Student Loses Stay-Put When Moving to New School District

Stay-put is the last agreed upon placement for a special education student. According to a recent decision issued by the U.S. District Court of New Jersey in Cinnaminson Township Board of Education v. K.L., 2016 U.S. Dist. LEXIS 104706 (D.N.J. Aug. 9, 2016), a student loses stay-put when he or she moves from one school district to another. During the 2013-2014 school year, special education student R.L. resided within the Berlin Borough Township Board of Education (“Berlin”). During that school year, R.L.’s parent filed for due process against Berlin regarding R.L.’s educational placement. Ultimately, on October 28, 2014, R.L.’s parent […]

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Upcoming Seminar: “Nuts and Bolts of Section 504 and Student Discipline”

On Wednesday, May 25, 2016 at 2:00 p.m., Joseph Betley, Esq. and Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey Charter School Conference in Atlantic City.  Their presentation is entitled, “Nuts and Bolts of Section 504 and Student Discipline.” For more information, please click here.

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