Related to: IDEA
Schools need not choose between keeping their school community safe and complying with the law, Department Secretary Miguel Cardona said in a letter accompanying newly released guidance documents from the U.S. Department of Education. Schools can both protect students’ rights and respond to safety concerns by providing behavioral supports and imposing discipline in a non-discriminatory…
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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…
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This week, the U.S. Department of Education issued guidance to State Educational Agencies (SEAs), including the Wisconsin Department of Public Instruction, for implementing a “general supervision system” against local educational agencies (LEAs), including Wisconsin school districts, under the Individuals with Disabilities Education Act (IDEA). According to DOE, “a reasonably designed State general supervision system” should…
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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…
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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…
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