T.Y. v. N.Y. City Dep’t of Educ., No. 08-3527 (2d Circuit)

In an action for tuition reimbursement under the Individuals with Disabilities Education Improvement Act (IDEA), summary judgment for defendant department of education is affirmed where: 1) because the IDEA does not require that an Individualized Education Plan (IEP) name a specific school placement, plaintiff-child’s IEP was not procedurally deficient; and 2) there was substantial evidence in the record that the IEP provided significant benefits to plaintiff in addressing his problematic behaviors. Read full text of decision.

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court -06/22/09

ADMINISTRATIVE LAW, EDUCATION LAW

Forest Grove Sch. Dist. v. T.A., No. 08–305
In an action challenging a hearing officer’s order reimbursing fees paid by Plaintiff’s parents for his special education program under the Individuals with Disabilities in Education Act (IDEA), the award is affirmed where IDEA authorizes reimbursement for private special-education services when a public school fails to provide a free appropriate public education and the private-school placement is appropriate, regardless of whether the child previously received special-education services through the public school.

ADMINISTRATIVE LAW, ENVIRONMENTAL LAW, WATER LAW

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, No. 07–984
In an action against the Army Corps of Engineers challenging the Corps’ grant of a permit to a mining company to discharge waste materials, summary judgment for Defendant is affirmed where the Corps, not the EPA, had the authority to permit the discharge, and the Corps’ interpretation of Clean Water Act regulations was entitled to deference.

CIVIL RIGHTS, ELECTIONS, GOVERNMENT LAW

Northwest Austin Mun. Utility Dist. No. 1. v. Holder, No. 08–322
In an action seeking relief under the “bailout” provision in Section 4(a) of the Voting Rights Act, which allows a “political subdivision” to be released from the preclearance requirements if certain conditions are met, the dismissal of the complaint is reversed where the Act must be interpreted to permit all political subdivisions, including Plaintiff district, to seek to bail out from the preclearance requirements.

IDEA Non Regulatory Guidance – April 2009 memo

IDEA Non Regulatory Guidance – April 2009 memo

The United States Department of Education (USDOE) has issued non-regulatory guidance on the Part B final supplemental regulations, which implement IDEA 2004. The supplemental regulations, which went into effect December 31, 2008, clarified and strengthened Part 300 of the Code of Federal Regulations (34 CFR) in the areas of parental revocation of consent for continued special education and related services; positive efforts to employ and advance qualified individuals with disabilities; non-attorney representation in due process hearings; State monitoring and enforcement; State use of targets and reporting; public attention; and subgrants to local educational agencies (LEAs), base payment adjustments, and reallocation of LEA funds. A copy of the supplemental regulations is available at http://edocket.access.gpo.gov/2008/pdf/E8-28175.pdf.

EDUCATION LAW, GOVERNMENT LAW–2d Circuit

T.P. v. Mamaroneck Union Free Sch. Dist., No. 073705

Grant of summary judgment in favor of plaintiff-parents on their claim for reimbursement of educational expenses under the Individuals with Disabilities Education Act is reversed and remanded where: 1) plaintiffs failed to show that defendant-school district’s educational plan for their autistic child was improperly determined; and 2) the district court erred in failing to defer to the administrative experts who found that the plan adequately addressed the child’s transition into the kindergarten’s classroom.

JURIST – Paper Chase: Supreme Court takes IDEA case

JURIST – Paper Chase: Supreme Court takes IDEA case

In Forest Grove School District, Petitioner v. T. A. [docket; cert. petition, PDF], the Court will consider whether the Individuals with Disabilities Education Act (IDEA) [text]permits a tuition reimbursement award against a school district and in favor of parents who unilaterally place their child in private school, where the child had not previously received special education and related services under the authority of a public agency. The US Court of Appeals for the Ninth Circuit ruled [opinion, PDF] that such reimbursement is not barred.

NSBA: FERPA privacy regulations finalized

From NSBA “Legal Clips” Free Subscription here.

The Department of Education (ED) has issued final regulations implementing provisions of the final Family Educational Rights and Privacy Act (FERPA). For background on the proposed regulations and NSBA comments to them, see the second link below. The final regulations clarify permissible disclosures to parents of eligible students and conditions that apply to disclosures in health and safety emergencies; clarify permissible disclosures of student identifiers as directory information; allow disclosures to contractors and other outside parties in connection with the outsourcing of institutional services and functions; revise the definitions of attendance, disclosure, education records, personally identifiable information, and other key terms; clarify permissible redisclosures by state and federal officials; and update investigation and enforcement provisions. Some amendments were adopted in response to concerns that confusion over FERPA’s requirements may have obstructed disclosures that could help prevent tragedies like the shootings at Virginia Tech. Others amendments reflect two U.S. Supreme Court decisions interpreting FERPA and implement a provision of the USA PATRIOT Act and the Campus Sex Crimes Prevention Act, which added new exceptions permitting the disclosure of personally identifiable information from education records without consent. The significant changes from the new regulations as initially proposed include (1) the removal of language relating to state auditors; (2) the addition of a requirement that an institution that makes a disclosure under FERPA’s health or safety emergency exception record the circumstances of the emergency; and (3) the addition of a requirement that an institution record a disclosure not made under that exception. The ED notice addresses comments submitted on the proposed regulations at length.

The regulations are effective January 8, 2009.

73 Fed. Reg. 74,806 (Dec. 9, 2008)

Final regulations
NSBA School Law pages on FERPA regulations

Cave v. East Meadow Union Free Sch. Dist., No. 07-1120

ADMINISTRATIVE LAW, CIVIL RIGHTS, EDUCATION LAW, HEALTH LAW

Cave v. East Meadow Union Free Sch. Dist., No. 07-1120

Challenge to denial of motion for a preliminary injunction enjoining defendants from denying one plaintiff entry to his high school and any school facility while accompanied by his service dog, is remanded as complaint must be dismissed for lack of subject matter jurisdiction due to plaintiffs' failure to exhaust the administrative remedies available to them under the Individuals with Disabilities Education Act. Read more...

 

New York to eliminate special-services funding for home-schooled

Some 450 children with special needs who are schooled at home will no longer be eligible for free therapy and other services, a New York state board ruled. The ruling grew out of a recent case in which an upstate district argued that although IDEA requires districts to provide services to publicly and privately schooled children, it says nothing about home-schoolers.New York Daily News (1/16)The Regents memo is available here.