The attorneys at the Law Offices of H. Jeffrey Marcus, P.C. provide representation to parents who believe their kids are not being properly served. In this blog, I present current developments in special education law. The focus is on recent federal and New York State cases and important legislative and regulatory developments.
If you are a parent in need of help for a child with a disability, please email us at email@example.com, call us at 716-634-2753 or contact us through our website.
Law Offices of H. Jeffrey Marcus P.C.
Thursday, July 16, 2009
This excellent document from the Department of Justice addresses the problem of bullying in the school environment.
Pendency determined by state complaint process
Millay v. Surry, 584 F. Supp. 2d 219 (D.C. Maine 2008): A Maine District Court held that a decision rendered by the State of Maine Education Department in response to a complaint filed by the parent through the complaint resolution process established the child’s pendency placement during subsequent proceedings.
10th Circuit rules that eligibility under IDEA does not necessarily make a student eligible under 504
Ellenberg v. New Mexico Military Institute, 2009 WL 1977486 (10th Cir. 2009): According to the 10th Circuit Court of Appeals, eligibility for special education and having an individualized education program under the IDEA demonstrates a child's disability, but not necessarily that the disability “substantially limits” the major life activity of learning. Therefore, IDEA eligibility does not necessarily yield 504 eligibility.
Subscribe to: Posts (Atom)