Archives: Individuals with Disabilities Education Act (IDEA)

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New Guidance Explains Different Standards under IDEA and the ADA for Meeting Students’ Communication Needs

The U.S. Department of Justice (DOJ) together with the U.S. Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitation Services (OSERS) recently issued joint guidance regarding the obligations of public schools to meet the … Read more

Government Accountability Office Report Finds a Reduction in Special Education Due Process Hearings

The Government Accountability Office (GAO) has issued a report on special education titled “Improved Performance Measures Could Enhance Oversight of Dispute Resolution.” According to the GAO report, from 2004-2012 the number of special education due process hearings substantially decreased nationwide … Read more

State Department of Education Provides Guidance on Prior Written Notice Timelines for IEPs

The Connecticut State Department of Education (“CSDOE”) has issued guidance to public school districts regarding the new Prior Written Notice (“PWN”) provisions contained in the recently revised special education regulations which went into effect on July 1, 2013. Under Section … Read more

Federal Regulations Revised to Allow One-Time Parental Consent to Access Public Benefits or Public Insurance to Pay for IDEA Services

Effective March 18, 2013, school districts need only obtain one-time parental consent, and provide a specified annual notification, to access a parent’s or student’s public benefits or public insurance (i.e. Medicaid) to pay for services under Part B of the … Read more

State Department of Education Clarifies Rules on Whether School Districts May Share IEPs With Paraprofessionals

The Connecticut State Department of Education (CSDE) has recently clarified the responsibilities of school districts under the Family Educational Rights and Privacy Act (FERPA) with regard to sharing Individualized Education Plans (IEPs) with paraprofessionals. The CSDE, through a brief sent … Read more

Emerging Issue: Service Dogs in Schools

On July 22, 2010, the Department of Justice issued regulations effective March 15, 2011 implementing Title II of the Americans with Disabilities Act (“ADA”), which applies to public entities, including schools. Pursuant to the new regulations, public entities must modify … Read more

Districts Must Exercise Caution in Exiting Students with Specific Learning Disabilities

A recent federal district court decision highlights the importance of conducting thorough evaluations and considering multiple sources of information before exiting a student from special education, particularly a student previously found eligible under the category of specific learning disability. SeeRead more

Chairman of the House Education and Labor Committee Asks GAO to Examine Effectiveness of Federal Programs that Exist to Help Disabled Students Transition from High School to College or the Workforce

The Chairman of the House Education and Labor Committee, U.S. Rep. George Miller (D-CA), has asked the GAO to examine the effectiveness of federal programs that exist to help students with disabilities transition from high school to college or the … Read more