Developments in Special Education Law

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.

Tuesday, June 7, 2016

Notice Regarding the Confidential Release of Student Records to Class Counsel in a Class Action

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Please See the Notice Regarding the Confidential Release of Student Records to Class Counsel in a Class Action Litigation Involving Student...
Wednesday, January 15, 2014

Necessary vs. Appropriate in Reimbursement Case

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SRO 13-078 : Parents disagreed with the placement and program offered by the NYC DOE for their autistic child. The parents developed a home ...
Friday, October 4, 2013

SRO dismisses DOE petition for filing administrative record 9 days late

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SRO 13-170 : Parent prevailed at hearing. The NYC DOE appealed to the SRO. The SRO dismissed the appeal sua sponte finding that the DOE’s ni...
Friday, July 26, 2013

3rd Circuit issues interesting pendency decision

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R.B. v. MASTERY CHARTER SCHOOL, 11-1009 (3rd Cir. 7-25-2013): In response to events that displeased the parent, she stopped sending her chil...
Friday, June 7, 2013

SDNY reverses the SRO on reimbursement case

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In a case decided on June 4, 2013, the SDNY once again reversed an SRO denial of tuition reimbursement. This case, M.F. v. NYC Bd. of Educ.,...
Friday, May 24, 2013

May 2013: NY State Ed proposes significant changes to special education laws

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The following is a summary of proposed changes being pushed by the NYS Education Department. Note that the bill (Assembly bill  A-7060; Sen...
Wednesday, April 17, 2013

OSEP says IHO can find violation of code of conduct

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In a recent memo , OSEP stated that hearing officers determining a student's placement in the wake of a purported disciplinary infractio...
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Monday, November 26, 2012

11th Cir. affirms parent's right to independent evaluation at district expense

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PHILLIP C. v. JEFFERSON COUNTY BOARD OF EDUCATION (11th Cir., decided 11/21/12): The Court rejected the district’s argument that the feder...
Thursday, November 8, 2012

Right to evaluation under §504

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A school can not condition the right to an evaluation under §504 on allegations by the parent of discrimination based upon disability. OCR s...
Monday, October 22, 2012

Important new 2nd Circuit cases: G.B. v. Tuxedo

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The 2nd Circuit has decided at least 6 special education cases of importance in recent months. I will be writing about these cases over the...
Monday, July 9, 2012

OSEP issues policy letter regarding work placements in IEPS

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OSEP recently issued a policy letter providing guidance on a number of issues related to transition work placements. In sum: if the CSE det...
Monday, June 25, 2012

NYS Education Department proposes "compensatory" diploma option for students with disabilities

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State Ed. has proposed a modification of the “safety net” for students with disabilities. The proposed amendment would expand the safety ne...

Significant proposed regulations regarding the impartial hearing process in New York State

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The State Education Department has proposed some significant revisions to the regulations governing the impartial process in New York State...
Wednesday, June 13, 2012

Significant NYS Court of Appeals case

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In a 4-3 split decision (June 12, 2012), the New York State Court of Appeals has determined that the New York State Division of Human Right...
Sunday, May 27, 2012

Accessible instructional materials

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Students with disabilities for whom the printed text of instructional materials is a barrier to their participation in the general education...
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