Current legal decisions that impact the education and rights of students with disabilities, as well as their families and school districts, are provided here.
In the case of D.M. v. Bd. of Edn. Toledo Pub. Schs, N.D.Ohio No. 3:18CV1307, 2019 U.S. Dist. LEXIS 9252 (Jan. 18, 2019), a federal district court held that the parent of a disabled student was not required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) where “the state agency charged […]
In Crochran v. Columbus City Schools, 17-4110 (6th Cir. 2018), the federal appellate court ruled that a special education teacher’s use of a body sock to restrain a disruptive autistic student was not a constitutional violation and within her rights to use. The case involved a student with both autism and attention-deficit/hyperactivity disorder who was […]
In L.H., et al. v. Hamilton Cty. Dep’t of Educ., Nos. 17-5989, 18-5086, the federal appellate court found a disabled student’s removal from a general classroom to be a violation of Individuals with Disabilities Education Act (“IDEA”) and that his parents were due reimbursement for his placement in a private school. In the case, a […]
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 […]
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 […]
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 […]