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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.

School Districts Permitted To Seek Attorney’s Fees For Frivolous IDEA Complaints

In Barney v. Akron Board of Education, No. 5:2016cv00112, an Ohio federal court determined that an Ohio school district may seek attorney’s fees and litigation expenses against individuals filing frivolous due process complaints under the Individuals with Disabilities Education Act (“IDEA”). This case involved an administrative complaint filed by the parents of a student who […]

Matthew John Markling Attends Ohio Council of School Board Attorneys Special Education Roundtable

On October 18, 2017, Matthew John Markling is attending the Ohio Council of School Board Attorneys Special Education Roundtable, which consists of fellow school board attorneys dedicated to the practice of special education. Mr. Markling’s dedication toward special education goes beyond roundtables. For example, Mr. Markling and his wife established the Markling Family Foundation to improve the […]

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 […]