Posted by Jennifer A. Hardin on 2/14/2019

In December, the Legal Ledger reported that the Federal Commission on School Safety, formed by President Trump after the school shooting in Parkland, Florida, had released its report and recommendations. In…

Posted by Jennifer Hardin on 3/22/2017

Earlier today, the U.S. Supreme Court answered a question that it had deferred 35 years ago in its seminal opinion on education for children with disabilities—Board of Edn. of Hendrick Hudson Central School Dist. v. Rowley.

In Rowley, the court concluded that the guarantee of a Free and Appropriate Public Education (FAPE) in what is now called the Individuals with Disabilities Education Act (IDEA) is met if a child’s individualized education program (IEP) sets out a program that is “reasonably calculated to enable the child to receive educational benefits.” However…

Posted by Jennifer Hardin on 2/22/2017

Earlier today, a unanimous United States Supreme Court issued its decision in the case of Fry v. Napoleon Community Schools.  The Court overturned the lower courts’ decisions and remanded the case to the appeals court to determine whether the plaintiffs’ suit is about a denial of a FAPE rather than discrimination under the Americans with Disabilities Act (ADA) and Sec. 504 of the Rehabilitation Act.   

The Fry case involved E.F., a student with cerebral palsy, and her assistance dog, Wonder.  When E.F. was a kindergartner, her parents, Stacy and Brent Fry, asked…

Posted by Jennifer Hardin on 1/13/2017

On Wednesday, the U.S. Supreme Court heard oral arguments in the case of Endrew F v.  Douglas County School District.  The case involves the legal standard the courts will apply when determining whether a school district has provided FAPE as required by the Individuals with Disabilities Education Act of 2004 (IDEA). 

The question presented in this case involves IDEA’s provision that federal funds will be provided to states that make FAPE available to every eligible child with…

Posted by Megan Greulich on 10/18/2016

The Ohio Department of Education’s Office for Exceptional Children (OEC) released an updated version of Ohio’s System of General Supervision on Oct. 13. Federal law requires states to develop systems of general supervision to monitor school district implementation of the Individuals with Disabilities Education Act (IDEA) of 2004. OEC establishes this document, which is comprised of nine…

Posted by Jennifer Hardin on 7/29/2016

ODE news:  Every Student Succeeds Act webinars and stakeholder meetings and comment period for revisions to learning standards ending

As part of the Every Student Succeeds Act (ESSA), the Ohio Department of Education (ODE) is required to create a Student Success Plan.  The plan will describe how local, state and federal programs are aligned.  ODE is inviting school board members, district employees, teachers, parents and any other interested parties to attend one of ten stakeholder meetings to share ideas for the development of the Student Success Plan.   

Posted by Candice Christon on 5/23/2013

On January 25, 2013, the U.S. Department of Education's Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) notifying schools that students with disabilities must be afforded equal access to extracurricular athletics. The DCL comes after the U.S. Government Accountability Office (GAO) published a report noting the positive impact that extracurricular athletics has on students, especially those with disabilities. In its report, the GAO determined that public elementary and secondary students with disabilities are not being provided an equal opportunity to participate in…

Posted by OSBA Legal Ledger on 6/22/2009

The United States Supreme Court released a 6-3 opinion yesterday in an IDEA case,Forest Grove School Dist. v. T.A.. In a decision that is troublesome for public school districts, the Supreme Court found in favor of the student, holding that courts may order reimbursement for a unilateral private school placement where the student has not previously received special education services from a public school district.

In 2000, T.A. began attending Forest Grove School…

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