Archives: Special Education

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Supreme Court Clarifies FAPE Standard in Endrew F. Case

IEPs Must Be Reasonably Calculated to Enable Appropriate Progress in Light of Child’s Circumstances

For the first time in nearly 35 years, the Supreme Court of the United States has addressed the legal standard by which courts determine whether a … Read more

Register Now for Hot Topics in Special Education and Section 504/ADA

Join Shipman & Goodwin school law attorneys for a timely discussion of hot topics and legal developments in special education and Section 504/ADA. Presenters will review:

  • U.S. Supreme Court decision in Fry v. Napoleon Community Schools
  • OCR December 2016 Guidance
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Supreme Court Rules That Parents Need Not Exhaust IDEA Due Process Procedures for Non-FAPE Disability Discrimination Claims

On February 22, 2017, the Supreme Court of the United States issued its opinion in Fry v. Napoleon Community Schools, No. 15-487 (2017), which addressed the issue of when a parent who brings a claim against a school district … Read more

Gwen Zittoun Quoted in Special Ed Connection Article “Review noteworthy scenarios from OCR’s latest guide on Section 504”

Gwen Zittoun discusses useful guidance included in the latest guide on Section 504 released by the U.S. Department of Education’s Office for Civil Rights (OCR). This article originally appeared in SpecialEdConnection®.

Download: Printable PDF

Review noteworthy scenarios from OCR’s Read more

OCR Releases New Section 504 Resource Guide

On December 28, 2016, the Office for Civil Rights (“OCR”) within the U.S. Department of Education released several guidance documents, including a Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools (“Resource Guide to Read more

Oral Argument Presented in Supreme Court Case Addressing the Level of Educational Benefit that must be Provided under IDEA

On January 11, 2017, the Supreme Court heard oral argument in the case of Endrew F. ex rel. Joseph F. v. Douglas County School District RE 1, Docket No. 15-187, to address the level of benefit a school … Read more

OCR Issues Dear Colleague Letter: Restraint and Seclusion of Students With Disabilities

On December 28, 2016, the Department of Education, Office for Civil Rights (OCR), issued four guidance documents concerning students with disabilities. Along with two documents concerning students with disabilities in public charter schools (FAQs about Charter Schools and IDEARead more

Supreme Court to Revisit Rowley IDEA FAPE Standard for First Time in Nearly 35 Years

On September 29, 2016, the Supreme Court of the United States agreed to hear the case of Endrew F. ex rel. Joseph F. v. Douglas County School District RE 1, Docket No. 15-187  to decide the question “What is … Read more

New Title II and Title III ADA Regulations Take Effect October 11, 2016

On October 11, 2016, new regulations clarifying the definition of the term “disability” under Titles II and III of the Americans with Disabilities Act (ADA) will take effect.  Title II prohibits disability discrimination by state and local governments (including public … Read more

Second Circuit Holds IDEA Eligibility Does Not Automatically Result in Section 504/ADA Eligibility; Practical Implications Are Not That Simple

On September 16, 2016, the U.S. Court of Appeals for the Second Circuit held in a precedential decision that, as a technical legal matter, a student’s eligibility for special education and related services under the Individuals with Disabilities Education Act … Read more

Superior Court Judge Rules Connecticut Education System Unconstitutional

On Wednesday, September 7, 2016, Hartford Superior Court Judge Thomas G. Moukawsher ruled in the case of Connecticut Coalition for Justice in Education Funding v. Rell, x07 HHD 14-5037565-S, that the current Connecticut education system violates the state constitution.  … Read more

OSERS Reminds of Need to Consider PBIS; Cautions on Use of Short-Term Removals and Exclusionary Discipline

The United States Department of Education’s Office for Special Education and Rehabilitative Services (OSERS) published a Dear Colleague Letter (DCL) on August 1, 2016 underscoring the importance of positive behavioral interventions and supports for students with disabilities and cautioning individualized … Read more

Office for Civil Rights Issues New Dear Colleague Letter Regarding ADHD

The Office for Civil Rights (OCR) issued another Dear Colleague Letter (DCL) on July 26, 2016 regarding the obligation of school districts to students with Attention Deficit Hyperactivity Disorder (ADHD) under Section 504 of the Rehabilitation Act of 1973 (Section … Read more

Anne Littlefield Quoted in Special Ed Connection Article, “Use Caution When Shortening Student’s School Day to Address Behavior”

Anne Littlefield has been quoted in an article on guidelines to follow when a school determines it necessary to modify a student’s schedule. This article originally appeared in SpecialEdConnection®.

Download: Printable PDF

Use Caution When Shortening Student’s School

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Transition Bill of Rights – New Notice Requirements

The Transition Bill of Rights for Parents of Students Receiving Special Education Services:

On May 17, 2016, the State Department of Education (“CSDE”) distributed to school superintendents the Transition Bill of Rights, which was approved by the State Board … Read more

Peter Maher Co-Presenter on Truancy Prevention at Lehigh Univ. Special Education Law Conference

Peter Maher will co-present the session, “Truancy prevention: Giving kids a chance to succeed,” at Lehigh University’s 44th Special Education Law Conference.

This session will discuss several key questions about truancy including:

  • What are the compulsory school attendance laws and
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Save the Date: Special Education Trends and Hot Topics

Please join Shipman & Goodwin School Law attorneys for a complimentary, interactive seminar to discuss updates on new legislation and current trends and challenges affecting special education educators and administrators.

Topics will include:

  • Paraprofessionals at PPTs
  • Bill of rights and
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Anne Littlefield Quoted in Special Ed Connection Article, “Investigate Root of Misconduct to Rule Out Prior Knowledge of Disability”

Anne Littlefield has been quoted in an article on steps to consider when evaluating student misconduct. This article originally appeared in SpecialEdConnection®.

Download: Printable PDF

Investigate root of misconduct to rule out prior knowledge of disability

A kindergartner … Read more

Susan Freedman and Peter Maher to Discuss Section 504, Bullying and Cyberbullying at the C.E.S. New Administrator Induction Program

On October 2, 2015, Susan Freedman and Peter Maher will be speaking to new school administrators as part of Cooperative Educational Services’ (C.E.S.) New Administrator Induction Program. Susan and Peter will cover important legal issues involving Section 504 of the … Read more

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