A Capehart Scatchard Blog

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

School District Granted Emergent Relief to Conduct Psychiatric Evaluation and Place Student in an Alternative Interim Setting

On November 23, 2015, Administrative Law Judge Caridad F. Rigo granted the Clifton Board of Education’s Request for Emergent Relief to complete a psychiatric evaluation of a special education student and to place her in an alternative interim educational setting due to escalating behaviors.  Clifton Bd. of Educ. v. K.M. o/b/o K.M., OAK Dkt. No. EDS 18260-15, Agency Dkt. No. 2016-23665, 2015 N.J. AGEN LEXIS 576 (Nov. 23, 2015).  K.M. was an eighth grade female student classified as emotionally disturbed eligible for behavior plans, counseling, among other interventions.  K.M. exhibited significant behavioral and discipline issues.  K.M. had been suspended from […]

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IDEA Does Not Limit Compensatory Education Claims to Two Years

On September 22, 2015, the Third Circuit Court of Appeals issued a decision that will have widespread implications for New Jersey school districts in defending against claims brought by parents of special education students pursuant to the Individuals with Disabilities Education Act (“IDEA”).  The IDEA authorizes the courts to award compensatory education as remedy to a special education student who is successful in his or her claim that a public school district deprived the student of a free appropriate public education (“FAPE”).  For numerous years, school districts relied upon the two-year statute of limitations set forth in §1415(f)(3)(C) of the […]

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