Proposed Florida law gives parents of special needs students final say over educational plan
Proposed legislation in Florida would give parents of special needs kids the final say about their child’s education.
Continue reading...Archived entries for FAPE
Parents sue Pennsylvania district for failure to identify and evaluate student for disabilities
According to a report on timesonline.com, the Big Beaver Falls Area School District is the target of a proposed class action suit by the parents of a special needs student, who claims the district failed to identify and evaluate him for disabilities.
Continue reading...Sixth Circuit affirmed IDEA violations but determined that student re-enrollment in a public school is not required to obtain an amended IEP
A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a student was denied a free appropriate public education, and his parents were denied meaningful participation in the development of the student’s individualized education plan, as required by the Individuals with Disabilities Education Act.
Continue reading...Federal appellate court rules that parent of unilaterally-placed private school student was not entitled to tuition reimbursement under the IDEA
A three-judge panel of the U.S. Court of Appeals for the Third Circuit (DE, NJ, PA, VI) has ruled that a Pennsylvania parent, who unilaterally placed a special education student in a private school, was not entitled to tuition reimbursement under the Individuals with Disabilities Education Act (IDEA) on the basis that the school district failed to update the student’s individualized education plan (IEP) after the student was privately placed.
Continue reading...Federal appellate court rules Indiana district’s substantive and procedural violations of IDEA did not amount to failure to provide FAPE
A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit (IL, IN, WI) has ruled that neither a school district’s procedural errors nor its substantive errors in developing a special education student’s individualized education plan (IEP) under the Individuals with Disabilities Education Act (IDEA) resulted in denial of a free appropriate public education (FAPE). The panel concluded that the student’s parents had failed to present sufficient evidence that the student was not making educational progress under the IEP.
Continue reading...Federal appellate court rules school district is not responsible for continued reimbursement of private school tuition to parent
A U.S. Court of Appeals for Third Circuit three-judge panel, in a non-precedential decision, has ruled that a school district is not liable under the Individuals with Disabilities Education Act (IDEA) for the continued reimbursement of tuition costs to the parents of a special education student who unilaterally placed that student in private school. However, the panel followed Third Circuit precedent to conclude that the school district was liable, under IDEA’s “stay put” provision, for reimbursement of tuition and transportation costs for that placement while the parents’ claim was pending in the federal district court.
Continue reading...Federal district court awards parent of special education student reimbursement for one year of private residential school placement
A federal district court in South Carolina has ruled that the parents of a student suffering from multiple disabilities were entitled to tuition reimbursement for their unilateral placement of the student in a private residential facility for 2007-2008 school year, but not for 2008 to the present.
Continue reading...Federal district court holds that student stated valid claim for denial of FAPE under IDEA based on peer bullying and harassment
A federal district court in New York has ruled that a student has stated a valid claim that she was denied a free appropriate public education (FAPE) as required by the Individuals with Disabilities Education Act (IDEA) based on school officials’ failure to remedy disability-based peer bullying and harassment. The district court determined that IDEA’s FAPE provision imposes a duty on schools to remedy known peer bullying and harassment based on a student’s disability. It concluded: “When responding to bullying incidents, which may affect the opportunities of a special education student to obtain an appropriate education, a school must take prompt and appropriate action.”
Continue reading...Ninth Circuit denies parents tuition reimbursement under IDEA because student was enrolled in private school for non-educational reasons
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in a 2-1 split, ruled that the parents of a student with ADHD who unilaterally placed him in a private school are not entitled to tuition reimbursement under the Individuals with Disabilities Education Act (IDEA) because the parents placed the student in private school for reasons unrelated to his disabilities. The majority concluded that the district court had not abused its discretion in finding sufficient evidence in the record to support a factual determination that the parents enrolled the student in the private school solely because of his drug abuse and behavioral problems.
Continue reading...Federal Court of Appeals affirms district court’s finding that student was denied FAPE
A three-judge panel of the U. S. Court of Appeals for the Fourth Circuit (MD, NC, SC, VA, WV) has decided 2-1 that a South Carolina district court did not err in finding that a school district had failed to provide a disabled student with a Free Appropriate Public Education (FAPE) for the 2005-06 school year, and that the home placement provided by the parents was appropriate.
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