Related to: IDEA
On March 21, 2023, the United States Supreme Court issued its decision in Perez v. Sturgis Public Schools. The case raised the question of whether a plaintiff is required to exhaust the administrative processes under the Individuals with Disabilities Education Act (IDEA) when the remedy a plaintiff seeks is not available under the IDEA. This…
Read More
In a previous Legal Update, we discussed the recently dismissed IDEA class action lawsuit, J.T. v. DeBlasio, filed in the District Court for the Southern District of New York as a result of the COVID-19 pandemic. This Legal Update provides additional information related to the case. In July of 2020, the Plaintiffs’ complaint was filed…
Read More
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 More
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 More
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 More
As we celebrate National Children’s Mental Health Awareness Day today, it is important to reflect upon the legal requirements and best practices relating to the education of children with mental health disorders. This is a complex matter, as it involves the intersection of legal issues, educational issues, and medical issues. A child’s mental health disorder…
Read More