On October 9, 2018, the United States Supreme Court denied a Petition for a Writ of Certiorari filed by the parents of a West Hartford student eligible for special education and related services, thus concluding over four years of litigation surrounding the provision of a free appropriate public education (“FAPE”), and letting stand the 2018 decision of the […]
With the use of video surveillance systems fully entrenched in school districts nationwide, school officials have seen an increase in parental requests for access to such videos, particularly as they relate to disciplinary matters, bullying allegations, or allegations of misconduct. Such requests are governed by the federal Family Educational Rights and Privacy Act (“FERPA”), which establishes […]
The parent of a student receiving special education services in the Highland Community School District in Iowa had a long history of disagreements with the district regarding the program and services offered to her child pursuant to the child’s Individualized Education Program (“IEP”). See Cazwiell-Sojka v. Highland Community School District, No. 3:17-cv-00020 (S.D. Iowa February 21, 2018). […]
The United States Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) recently issued several policy guidance letters addressing important issues related to state and districtwide assessments, preschool programming, and disagreements during Planning and Placement Team (PPT) meetings, known under federal law as IEP team meetings. While informal and nonbinding, these concise and digestible […]
The Connecticut State Board of Education (State Board) adopted Standards for Educational Opportunities for Students Who Have been Expelled (Standards) onJanuary 3, 2018. The State Board acted in response to P.A. 17-200, An Act Concerning Education Mandate Relief, containing a directive that the Connecticut State Department of Education (CSDE) adopt such standards. The Standards delineate two permissible options […]
On Wednesday, January 17, the Connecticut Supreme Court issued its highly anticipated decision regarding the adequacy of education funding from the State. In Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, 2018 WL 472325 (2018), the court ruled that the State met its obligation to provide “minimally adequate” funding to school districts across Connecticut, and did […]
On August 11, 2017, the State of Connecticut Supreme Court delivered its decision in Munn v. Hotchkiss School, SC 19525 (Conn. 2017), holding that the state’s public policy does not preclude imposing a duty on a school to warn about or protect students against the risk of a serious insect-borne disease when organizing a trip […]
Beginning August 10, 2017, the regulations implementing Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 34 C.F.R. Part 104, and the Individuals with Disabilities Education Act (“the IDEA”), 34 C.F.R. Part 300, will be revised to change references to “mental retardation” to “intellectual disability.” The revisions are being made pursuant to Public Law […]
It is illegal for public entities to discriminate against individuals with disabilities. No one disputes this premise. But did you know that if your website does not meet certain standards of accessibility you could be the subject of a complaint and investigation by OCR? In 2010, the U.S. Department of Education’s Office of Civil Rights […]
March 6, 2017 marks a significant development in the case of Gloucester v. G.G., the closely followed and highly publicized Virginia transgender student bathroom case. The Gloucester case involves a local school board policy that effectively denies a transgender male high school student use of his school’s male bathroom and, in turn, the student’s claim […]
