NSBA Legal Clips
Archived entries for IDEA

Sua Sponte: NSBA’s amicus brief urges U.S. Supreme Court to review Tenth Circuit ruling that parents who unilaterally placed disabled student in a private residential treatment facility were entitled to tuition reimbursement

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.

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Federal appellate court rules that U.S. Circuit Courts of Appeals have jurisdiction over state’s petition for review of ED’s determination regarding state’s request for a waiver from IDEA’s “maintenance of effort” requirement

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.

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Federal appellate court rules disabled student failed to state a claim for peer sexual harassment under § 504, has valid claim under § 504 for district’s refusal to make reasonable safety accommodations to IEP

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.

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Sua Sponte: NSBA urges Second Circuit not to grant tuition reimbursement for unilateral private placement

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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New Jersey court finds no violation of state anti-discrimination law in district’s assignment of special education students to one school

A Bergen County Superior Court has ruled that a school district had not failed to provide disabled students receiving special education services with reasonable accommodations in violation of the New Jersey Law Against Discrimination when the district assigned those students to one school, rather than assigning each to their neighborhood school.

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Florida parents charge district discourages special needs students from seeking a standard high school diploma

The Miami Herald reports that a number of parents of special needs students attending school in the Broward County school district are being forced into less rigorous classes that do not result in a standard high school diploma.

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Federal appellate court rules disabled student unilaterally enrolled in private school is not entitled to Section 504 services

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has ruled that a disabled student unilaterally placed in a private school is not entitled to special education services under Section 504.

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Ohio Education Department rules that district can require schools to keep ‘seclusion & restraint” records, but prevent public disclosure of records

The Columbus Dispatch reports that the Ohio State Board of Education plans to adopt the state’s first policy governing seclusion and restraint in public schools.

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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.

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Federal appellate court rules Colorado parents are entitled reimbursement for unilateral placement of disabled student in private residential treatment facility

A unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has unanimously ruled that the parents of a special education student, who her parents unilaterally placed in a private treatment facility, were entitled to reimbursement for tuition expenses under the Individuals with Disabilities Education Act.

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