1. April 10, 2014

    Planning for Students’ Post-Secondary Life: The Importance of an Individual Transition Plan for Special Education Students

    BY: Adam Newman, Brianna Hill

    In recent years we’ve been asked what aspects of LEA programming are administrative and court litigation targets.  The four top areas remain (1) preschool-early primary grade autism programs, (2) elementary and middle school reading programs, (3) post-AB 3632 school based mental health programs and (4) ages 16-22 transition programs. Transition programs are addressed in that […] more

  2. November 27, 2012

    How to Say No: Fundamentals of Title 34 C.F.R. Section 300.503: The Prior Written Notice

    BY: Adam Newman

    Over the years two questions have come up frequently regarding prior written notices to parents/legal guardians: 1.  When is a LEA required to provide prior written notice (“PWN”)? 2.  What constitutes a legally sufficient PWN? Fortunately for LEAs, the IDEA and case law address both of these questions with some detail. When Notice is Required […] more

  3. October 19, 2012

    Awarding Attorney Fees To School Districts

    BY: Adam Newman

    As many school districts, county offices of education and charter schools (“LEAs”) continue to face extreme financial hardships the proposition of having attorney’s fees awarded to an LEA for legal expenses associated with defending a due process hearing has becomes more alluring. While the IDEA allows LEAs to recover attorney’s fees, the circumstances under which […] more

  4. August 20, 2012

    The LEA’s Rights and the Student’s Obligations Regarding Service Animals

    BY: Adam Newman

    When the topic of service animals arises we generally think of the rights of the individual with a disability. It’s widely known that Title II of the American with Disabilities Act (“ADA”) establishes the right for persons with disabilities to utilize service animals. Title II requires public entities, including schools, to permit use of a dog […] more

  5. August 6, 2012

    Denying a Request for an IEE Without Filing for Due Process

    BY: Adam Newman

    Pursuant to the Individuals with Disabilities in Education Act (“IDEA”), Title 34 Code of Federal Regulations (“C.F.R.”) Section 300.502(b)(5), a student is entitled to an independent educational evaluation (“IEE”) at public expense when the public agency has conducted an evaluation with which the parent disagrees. The IDEA identifies two choices for a local education agency […] more

  6. July 6, 2012

    Special Education Students in Advanced Placement Classes

    BY: Constance Taylor

    When a student is in an accelerated program for gifted and talented students, it is important to remember that qualification for advanced placement (“AP”) does not mean the student may not also qualify for special education or be identifiable as a person with a disability. When the topic of special education students in AP classes […] more