This is a question that plagues parents and teachers of special education students almost daily. And though the U.S. Supreme Court has remained silent on the issue since 1982, it looks as if it won’t remain silent for much longer. Today, the Supreme Court granted certiorari in Endrew F. v. Douglas County School District, in …
Category «Special Education»
Do Parents Have the Right to Discuss Bullying with Their Child’s IEP Team?
Yes, at least according to the Second Circuit Court of Appeals. Just last month, in T.K. v. New York City Dep’t of Education, the Second Circuit ruled that a student who was severely bullied was denied a Free Appropriate Public Education (FAPE), as required by the Individuals with Disabilities Education Act (IDEA), when a school …
California Court: Lay School Employees May Administer Insulin
Earlier this week, the California Supreme Court, in American Nurses Association v. Torlakson, ruled that trained school personnel who are not licensed health care providers may administer insulin to diabetic students. This case stemmed from a federal class action lawsuit filed by parents of diabetic students in the California public school system, along with the …
IDEA Violated by Change in Student Placement without Parental Input
When I first glanced at the ruling in this case, issued by the Ninth Circuit Court of Appeals two weeks ago, I thought it was a no-brainer. The IDEA is very clear that parental input in the development and modification of a student’s IEP is critical. The facts of this case, though, is what makes …
NSBA Wants Clarification from OCR
I wrote here several months ago about the somewhat controversial guidance released from the U.S. Department of Education’s Office of Civil Rights in January of this year regarding what public school districts must do in order to accommodate students with disabilities under Section 504 of Rehabilitation Act. I wrote that some had expressed concern about the guidance, …
Some Skeptical of New Special Ed Guidance from OCR
The USDOE’s Office of Civil Rights released new guidance last month regarding how school districts must accommodate students with disabilities who wish to participate in extracurricular activities. The USDOE has assured that it only attempted to clarify the current obligations of schools under Section 504 of the Rehabilitation Act of 1973, which requires recipients of …