NSBA Legal Clips
Archived entries for Special Education & Disabilities

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 parents not required to exhaust physical abuse and timeout claims under IDEA, but they failed on the merits of those claims

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.

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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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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.

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New Arizona law limits use of “seclusion rooms”

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.

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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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California special education teachers’ suit says student caseloads exceed state statutory limits

The Appeal-Democrat reports that four special education teachers at Yuba City High School have filed a lawsuit against their school district alleging that their class assignments exceed caseload limits set by state law.

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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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