Posted by Jennifer A. Hardin on 3/15/2019

The U.S. District Court for the District of Columbia ruled last week that the U.S. Department of Education (DOE) unreasonably delayed implementing IDEA regulations related to racial, ethnic and gender disproportionality. The lawsuit was filed by the Council of Parent Attorneys and Advocates (COPAA) in July 2018 after DOE postponed the regulation compliance date…

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 A. Hardin on 11/20/2018

Yesterday, the State Board of Education and Ohio Department of Education (ODE) made the proposed amendments to the Ohio Administrative Code (OAC) rule on transportation of students with disabilities (

Posted by Jennifer A. Hardin on 4/27/2018

Earlier this week, the U. S. Department of Education’s (USDOE) Office for Civil Rights (OCR) released the most recent biennial Civil Rights Data Collection (CRDC). The data included in the 2015-16 CRDC was self-reported by more than 17,300 public school districts and almost 96,400 public schools and educational programs.

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Posted by Jennifer A. Hardin on 3/30/2018

The Institute for Educational Leadership (IEL) recently published a new policy brief – What School Leaders Need to Know – detailing schools’ legal requirements regarding transition planning to help students with disabilities prepare for work after graduation.

 

Posted by Megan E. Greulich on 12/14/2017

On Dec. 7, the U.S. Department of Education (USDOE) released a Q&A document clarifying the scope of a free appropriate public education (FAPE) following the Supreme Court of the United States’ (SCOTUS) March 2017 decision in Endrew F. v. Douglas County School District.

The SCOTUSblog provides resources…

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…