Archives: Special Education

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Peter Maher Quoted in Special Ed Connection Article, “Prevent administrative convenience from creeping into classroom placement decisions”

Peter Maher has been quoted in an article that reminds school officials and Section 504 coordinators to base placement decisions on Section 504 practices, not administrative convenience. This article originally appeared in SpecialEdConnection®.

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Students with disabilities may end … Read more

Don’t Forget to Register! Webinar: 2017 Roundup – What You Should Know About Special Education Decisions

Join Shipman & Goodwin School Law attorneys Alyce L. Alfano and Peter J. Maher for an end-of-year update on special education judicial and hearing officer decisions.  This complimentary webinar will review recent decisions and provide special education administrators with an … Read more

Equal Access in the Digital Age: OCR Ramps Up Investigations into Website Accessibility

Consider the fact that we now live in a digital age, with limitless information at our fingertips, accessible (to many of us) with a few keystrokes or a simple voice command into our now ubiquitous cell phones. Now consider that, … Read more

New Legislation Revises Physical Restraint and Seclusion Training Requirements

This is an updated version of the original post, Legislature Revises Physical Restraint and Seclusion Training Requirements, published on June 28, 2017.

Earlier this month, the Governor signed Public Act 17-220 (House Bill 7276), which contains a number of … Read more

Connecticut State Department of Education Releases Lists of Due Process Hearing Officers and Mediators and New Process for Mediations

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers.  The hiring of new mediators was prompted … Read more

Legislature Revises Physical Restraint and Seclusion Training Requirements

Earlier this month, the General Assembly passed House Bill 7276, now Public Act 17-220, which contains a number of provisions aimed at providing “mandate relief” to boards of education.  Section 5 of Public Act 17-220, effective July 1, 2017, … Read more

New Rules: OCR Issues Internal Memorandum Impacting Enforcement Practices for Pending and Future Investigations

Earlier this month, the U. S. Department of Education, Office for Civil Rights’ Acting Assistant Secretary issued an internal memorandum to Regional Directors eliminating certain existing internal procedures and detailing new practices regarding the investigation of OCR complaints.  With the … Read more

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®.

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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®.

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Use Caution When Shortening Student’s School

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