Posts by Gary Ruesch
U.S. Supreme Court to Address First Amendment Rights of Censured Board Member
On April 26, 2021, the U.S. Supreme Court granted a Petition for Certiorari review in Wilson v. Houston Community College System. The issue before the Court is whether a Board’s resolution to censure a Board member violated the First Amendment. This issue is before the U.S. Supreme Court after a decision by the U.S. Court of…
Read MoreWisconsin Supreme Court Strikes Down Dane County Order Closing Schools
Today, on June 11, 2021, in the matter of James v. Heinrich, 2021 WI 58, the Wisconsin Supreme Court ruled that that local health officers do not have the statutory power to close schools under Wisconsin Statute § 252.03. Additionally, because the schools involved in the case were private religious institutions, the Court held that…
Read MoreWHAT TO DO WHEN PARENTS REQUEST PRIVATE SCHOOL TUITION REIMBURSEMENT
We have been seeing an increased number of due process hearing requests involving demands for reimbursement for unilateral private school placement by parents. The stakes in these situations are often high, particularly if the private placement selected by the parents is a residential program. Before deciding on a course of action, it is imperative to…
Read MoreDisciplining students while in remote, hybrid learning? Keep these points in mind
Discipline is a school’s system designed to minimize disruption and promote positive social interaction. This is achieved through behavior management techniques such as positive reinforcement, social skills training, and development of problem-solving and decision-making skills, as well as punishment. Districts must still carry out discipline during remote and hybrid learning but, like everything else during…
Read MoreIDEA Class Action Brought Against All U.S. School Districts is Dismissed
On July 28, 2020, a complaint was brought in the Southern District of New York, in the case J.T. v. de Blasio, against every school district in the United States alleging that all are or have violated the IDEA when deciding to close schools in March 2020, due to the COVID-19 pandemic. The Plaintiffs not…
Read MoreEnsure Substitute Teachers Are Aware of Accommodations in IEPs and 504 Plans
In a previous Legal Update, we discussed the importance of ensuring that regular education teachers, including substitute teachers, have access to their students’ IEPs and are aware of the specific accommodations and/or modifications that must be provided pursuant to the IEP in the regular education setting. This is especially critical during the current COVID-19 pandemic, when…
Read MoreAdditional Guidance on Educating Students with Disabilities During COVID-19 School Closures
Since our March 17th Legal Update, the Wisconsin Department of Public Instruction (DPI) and the Office for Special Education and Rehabilitative Services (OSERS) have issued additional guidance related to the education of students with disabilities while schools are closed due to the COVID-19 pandemic. The guidance reinforces the importance of making determinations regarding individual services…
Read MoreCOVID-19 School Shutdown: Compensatory Education Guidance for Students with IEPs or 504 Plans
On March 13, 2020, Governor Evers directed that all K-12 schools, public and private, are to be closed until at least April 6, 2020. This Legal Update will discuss the circumstances, process, and considerations according to which school officials should determine whether compensatory services are required for eligible students under the Individual with Disabilities Education…
Read MoreEnsure that Regular Education Teachers Have Access to Student IEPs
Developing an IEP that is reasonably calculated to enable a student to make progress appropriate in light of the student’s circumstances is only one part of providing a free appropriate public education (FAPE). The school district must also ensure that the IEP is implemented. Oftentimes, the IEP will provide the student with certain accommodations and/or…
Read MoreHow to Handle Requests for Special Ed Evaluations When Expulsion Proceedings Are Pending
We have noticed a seemingly greater number of due process hearings around the country related to student discipline and manifestation determinations. This Legal Update will address the “11th hour referral,” a common but complex scenario which triggers several intertwined sets of procedural requirements related to student discipline and manifestation determinations under the Individuals with Disabilities Education…
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