The Chicago Teachers Union has filed two lawsuits, on behalf of parents and their special needs children, to try to stop the city from closing 53 elementary schools.
Continue reading...The National School Boards Association, along with the Colorado Association of School Boards, has filed an amicus brief asking the U. S. Supreme Court to review a decision by a U.S. Court of Appeals for the Tenth Circuit in JCSDR1 v. Elizabeth E. holding that the parents of a special education student, who unilaterally placed the student in a private treatment facility, were entitled to reimbursement for tuition expenses under the Individuals with Disabilities Education Act.
Continue reading...The Tenth Circuit has ruled that the parents of a disabled student were not required under the IDEA to exhaust their administrative remedies before bringing suit claiming physical abuse by staff and staff use of unapproved timeouts with their child. However, the Court concluded that the parents had failed on the merits of their claims, styled as a § 1983 action based on violation of the student’s Fourteenth Amendment substantive due process right, because the instances of alleged physical abuse and use of timeouts were not constitutional torts since the defendants’ behavior did not “shock the conscience” of the court.
Continue reading...A U.S. Court of Appeals for the Fourth Circuit (MD, NC, SC, VA, WV) three-judge panel has ruled that a U.S. Circuit Court of Appeals has jurisdiction to review a U.S. Department of Education determination regarding a state’s request for a waiver from its “maintenance of effort” requirement under the Individuals with Disabilities Education Act.
Continue reading...The Fifth Circuit Court of Appeals has ruled that a disabled student stated a valid §504 claim that the school district committed gross misjudgment in failing to modify her IEP to safeguard her after three incidents of alleged sexual abuse by students, but failed to state a claim against the district for liability based on student-on-student sexual harassment.
Continue reading...Proposed legislation in Florida would give parents of special needs kids the final say about their child’s education.
Continue reading...A U.S. Court of Appeals for the Sixth Circuit (MI, OH, KY, TN) three-judge panel has ruled that the parents of a diabetic student have stated a valid claim for retaliation under the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation ACT (§ 504 ) based on the school’s principal reporting the parents for suspected medical abuse after the parents requested certain disability accommodations for the student.
Continue reading...Arizona Gov. Janice Brewer has signed a law providing strong new restrictions on the use of so-called “seclusion rooms” in schools. Arizona joins more than 30 other states that impose rules on the restraint of students in public schools.
Continue reading...Palm Beach County School District’s board is expected to vote on a proposed “service animal” policy.
Continue reading...On March 15, 2013, NSBA and the New York State School Boards Association filed an amici curiae brief in C.L. v. Scarsdale Union Free School District, now before the U.S. Court of Appeals for the Second Circuit, asking the appellate court to uphold a lower court decision that parents who unilaterally placed their child in private school are not entitled to tuition reimbursement under the IDEA because the placement was not appropriate.
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