WHAT 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…

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Disciplining 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…

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Special Education during COVID-19

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…

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Special Education during COVID-19

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…

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special education

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…

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special education 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…

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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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There have been new developments in G.G. v. Gloucester, the case involving a transgender student that was previously before the U.S. Supreme Court. As reported in our previous Legal Updates, this case began in 2015 after a school district adopted a policy stating that the use of boys’ and girls’ restroom and locker rooms “shall…

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Female teacher teaching in classroom.

June 23, 2017 – In our June 16, 2017, Legal Update, we mentioned President Trump’s recent Executive Order on Enforcing the Regulatory Reform Agenda. The Executive Order directs Education Secretary Betsy DeVos to conduct a review of the Department of Education’s regulations and guidance documents and determine whether the Department of Education has overreached its…

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