Category: Education Law

Stress-Free IEP® with Frances Shefter, Episode 68   In this episode of Stress-Free IEP®, Frances Shefter speaks with Dr. David Palmiter, a licensed and board-certified clinical psychologist and the Clinical Director at the Chesapeake Center, one of the largest ADHD specialty clinics in the country. Dr. Palmiter is also on the Board of Directors for…

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In the case of Durig v. Youngstown, 2023-Ohio-4446, an appellate court affirmed a lower court’s order denying the city leave to amend its answer to plaintiff’s complaint to assert immunity as an affirmative defense.   The city moved to amend its answer 2 years and 9 months after filing its initial answer, after discovery had…

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Recently, a parent sent me an email asking whether a school district could significantly limit an observation of her son’s classroom. The school district was attempting to impose numerous restrictions. An amendment to the special education law in 2008 solidified a parent’s right to observe, and an advisory from the Massachusetts Department of Elementary and Secondary Education…

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On November 15, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) released new civil rights data from the 2020-2021 school year, as well as seven data reports and snapshots which provide an overview of that data. OCR also launched a redesigned Civil Rights Data Collection (“CRDC”) website that includes public-use data…

Read More “Civil Rights Data on Students’ Access to Educational Opportunities During the Pandemic Released by U.S. Department of Education” »

By Michelle Ball, California Education Attorney for Students since 1995 When a parent or student experiences discrimination in the school system, they have a choice of where they want to file for an administrative review (e.g. by a government body).  Should they pick the federal government to review the matter or should they file with…

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The Scottish Government recently consulted on a (longstanding) proposal that the functions of education appeal committees (hearing exclusion appeals, and most placing request appeals) be transferred to the Health and Education Chamber of the First-tier Tribunal for Scotland. With the assistance of colleagues, I prepared a response on behalf of My Rights, My Say. The…

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First off, so many don’t really have a good sense of what “extended school year” is all about.  Specifically, there are students supported by an IEP, who tail off during breaks; often referred as “regression”.  And in these situations, the IEP Team needs to consider the prospect of extending the school year into the period…

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In the case of Doe v. Board of Educ. of Milton-Union Exempted Vill. Sch. Dist., a district court held that when deciding whether to grant a motion to stay for a civil proceeding pending the resolution of a related criminal case, the district court should consider seven factors: (1) how much the issues in the…

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An Individualized Education Program (IEP) is a legal document that guides the delivery of special education services and supports for a student. After a school district proposes an IEP, parents, who are members of their child’s special education Team, have an opportunity to respond. A family can accept, reject, or reject an IEP in part. Whenever…

Read More “The Power of the Partial Rejection” »

In 2022, state and local governments banned 2,571 different books. This is more books than were subject to such bans in the previous three years combined (2,436). Most of these efforts are taken at the local level. Texas’ Restricting Explicit and Adult-Designated Educational Resources (READER) Act marked a departure from this practice and sought to…

Read More “In Bed with Book Vendors: Fifth Circuit Upholds Preliminary Injunction Against Texas’ Sexual Book-Rating Law” »