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- Special Education
In a 6-3 decision that makes it easier for parents to be reimbursed for private school tuition for special education students, the U.S. Supreme Court held that the Individuals with Disabilities Education Act does not categorically prohibit reimbursement of private education costs for children who have never received special education and related services from a public school.
This eBulletin concerns a hearing officer's decision finding that a school district provided a student with a free appropriate public education by placing the student in a cross-categorical classroom within the student's home school district, a decision upheld by a federal district court in the Northern District of Illinois. Firm attorneys Darcy Kriha and Amy Dickerson represented the school district in the case.
On January 27, 2009, the Fifth Circuit Court of Appeals held that a male student's sexual harassment of a female special education student was not sufficiently severe to establish a claim under Title IX. The court further held that the school district was not deliberately indifferent to the harassment. See Watkins v. LaMarque Independent Sch. Dist., No. 08-40557, 2009 WL 188079 (Jan. 27, 2009).
The ADA Amendments Act of 2008 became effective on January 1, 2009. This Act amends the Americans with Disabilities Act of 1990 and includes a conforming amendment to Section 504 of the Rehabilitation Act of 1973 that affects the meaning of the term "disability" for Section 504 purposes.
On December 1, 2008, the U.S. Department of Education issued revised final regulations for Part B, Individuals with Disabilities Education Act (IDEA), 34 CFR Part 300, effective December 31, 2008. The revisions include several changes affecting parental consent, hearing rights, state use of targets and reporting, and state monitoring and enforcement issues.
On October 17, 2008, the DoE's Office for Civil Rights (OCR) issued a "Dear Colleague" letter and Q&A guidance concerning the use of special education identifiers and grading modifiers in student report cards and transcripts.
This eBulletin concerns a hearing officer's decision finding that a school district provided a student with a free appropriate public education by placing the student in a cross-categorical classroom within the student's home school district, a decision upheld by a federal district court in the Northern District of Illinois. Firm attorneys Darcy Kriha and Amy Dickerson represented the school district in the case.
On January 27, 2009, the Fifth Circuit Court of Appeals held that a male student's sexual harassment of a female special education student was not sufficiently severe to establish a claim under Title IX. The court further held that the school district was not deliberately indifferent to the harassment. See Watkins v. LaMarque Independent Sch. Dist., No. 08-40557, 2009 WL 188079 (Jan. 27, 2009).
The ADA Amendments Act of 2008 became effective on January 1, 2009. This Act amends the Americans with Disabilities Act of 1990 and includes a conforming amendment to Section 504 of the Rehabilitation Act of 1973 that affects the meaning of the term "disability" for Section 504 purposes.
On December 1, 2008, the U.S. Department of Education issued revised final regulations for Part B, Individuals with Disabilities Education Act (IDEA), 34 CFR Part 300, effective December 31, 2008. The revisions include several changes affecting parental consent, hearing rights, state use of targets and reporting, and state monitoring and enforcement issues.
On October 17, 2008, the DoE's Office for Civil Rights (OCR) issued a "Dear Colleague" letter and Q&A guidance concerning the use of special education identifiers and grading modifiers in student report cards and transcripts.