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Category: Special Education

Current legal decisions that impact the education and rights of students with disabilities, as well as their families and school districts, are provided here.

New Special Education Procedural Safeguards Guide Just Released!

A new special education procedural safeguards notice, A Guide to Parent Rights in Special Education, is now available for school district and parent use and can be viewed by clicking here. This publication replaces the earlier procedural safeguards notice, Whose IDEA Is This? WARNING: As of August 1, 2017, school districts may no longer use Whose IDEA Is […]

BREAKING: The United States Supreme Court Rules That An IEP Must Be Reasonably Calculated To Enable A Child To Make Progress Appropriate In Light Of The Child’s Circumstances In Order To Provide FAPE

As we previously blogged, the United States Supreme Court was asked, in the case of Endrew F. v. Douglas County School District, to answer the following question: What level of educational benefit must school districts confer on children with disabilities in order to provide them with the free appropriate public education (“FAPE”) guaranteed by the Individuals […]

The U.S. Supreme Court Clarifies When Litigants Are Required To Exhaust IDEA Administrative Remedies Prior To Filing Lawsuits

In Fry v. Napoleon Community Schools, 580 U.S. ____ (2017), the United States Supreme Court held that administrative exhaustion “is not necessary when the gravamen of the plaintiff’s suit is something other than the denial of the [Individuals With Disabilities Education Act’s (“IDEA”)] core guarantee—what the Act calls a ‘free and appropriate public education.’” The […]

School Districts of Residence Must Serve Students with Disabilities in Community Corrections Facilities and Juvenile Detention Centers

Over the past decade, McGown & Markling has been surprised by the number of school districts of residence that refuse or fail to provide special education and related services to their students in community corrections facilities and juvenile detention centers as mandated by the Individuals with Disabilities Education Improvement Act (“IDEA”) and accompanying federal and […]