If you are a parent in need of help for a child with a disability, please email us at specialedlaw@mac.com, call us at 716-634-2753 or contact us through our website.

Friday, June 27, 2008

Court supports parent right to independent functional behavioral assessment(FBA)

The district argued that the FBA was not an educational evaluation and therefore, the parent had no right to an independent evaluation(IEE). In Harris v. District of Columbia decided June 23, 2008, the Court found otherwise and additionally held that the district’s failure to perform an FBA for over 2 years was sufficient to confer upon the parent the right to an IEE.

Thursday, June 26, 2008

Parental Consent for the Use of Public Benefits or Insurance Pursuant to the IDEA

New York State Ed. just issued a memorandum explaining that Federal and State regulations require school districts to obtain parental consent each time that access to public benefits or insurance is sought. For complete details, see Medicaid Parental Consent

Important case addressing exceptions to IDEA 2 year statute of limitations

D.G. v. Somerset Hills School District: The IDEA prescribes a 2 year statute of limitations. In this recently decided D.C. case, the federal court held that the 2 year limit did not apply because the district failed to provide the parent with written notice of procedural safeguards and due process rights. Additionally, the court held that the continuing violation doctrine applied making the parent’s claim timely finding that the district’s alleged actions and omissions were part of a continuing practice and the last act evidencing the continuing practice occurred in June 2006, a date within the IDEA's two-year statute of limitations period”.