In a recent decision, the 7th Circuit Court of Appeals (Illinois) has upheld the dismissal of a school district’s lawsuit challenging certain provisions of the No Child Left Behind Act (NCLB) on the grounds that since NCLB was enacted after the Individuals with Disabilities Education Act (IDEA), the later-enacted NCLB provisions would trump any conflicting requirements in […]
On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (“NDAA”). Section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (“FMLA”). The NDAA provides two new types of FMLA leave to employees with family members serving in the military: 1. Caregiver Leave: Permits […]
On May 23, 2007, the Equal Employment Opportunities Commission (EEOC) issued guidance on the treatment of employees with “caregiver responsibilities.” While the federal discrimination statutes do not directly prohibit discrimination against “caregivers,” the new EEOC guidance does note that discrimination against caregivers that is grounded in a federally protected class, such as sex or disability, can […]
Do you know Dr. JoAnn Freiberg? If you are looking for resources to help you deal with issues related to bullying and improving school climate, and you haven’t already tried calling her, that might be a good place to start. Dr. Freiberg presented to the Education Law Committee of the Connecticut Bar Association last night, […]
In 2004, the IDEA was amended to provide for the possibility that school districts and state educational agencies might be able to collect attorney’s fees from parents and parent attorneys if the due process complaint or subsequent litigation was found to be “frivolous, unreasonable, or without foundation”. Apparently, the courts have found one case that […]
Do you have students placed in out-of-state residential (boarding) schools by parents? If so, this OSEP guidance letter may be of interest to you, particularly if some of those students are in Massachusetts and the state or the school has previously sent the parents back to you for evaluation if there was a potential special education issue. […]
Have you heard from some parent advocates that “there is no IEP” for a special education student unless the parent has agreed to the plan proposed by the school district? A recent ruling by the United States Court of Appeals for the Second Circuit reaffirms that an IEP does, in fact, “exist” as a legally […]
The United States Supreme Court has denied a petition to review the decision of the United States Court of Appeals for the Second Circuit in the case of Board of Education of Hyde Park v. Frank G., 459 F.3d 356 (2d Cir. 2006). Reviewing this case would have allowed the high court a second chance to […]
The Supreme Court issued a highly anticipated decision in the case of Board of Education of the City of New York v. Tom F. ex rel. Gilbert F., 107 LRP 58890 (U.S. 2007), but disappointed all court-watchers by failing to rule on the merits of the case. After an impartial hearing officer in New York awarded a family reimbursement for a […]
In a recent decision issued by the Connecticut Supreme Court, the doctrine of sovereign immunity was held to protect a school district from liability from suit as a result of an injury sustained by a parent picking up a six year old child from an after school program sponsored by the Hartford Board of Education. Durrant […]
