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This is another in our  ongoing series  on the basics of special education law.  These posts are meant to be an introduction for those new to the field and a refresher for the seasoned veterans. Attorney's Fees A prevailing parent can generally get their attorney's fees from a court. IDEA §615(i)(1)(3).  They are not awarded by hearing officers but are awarded by the court.  Since 2004, a prevailing school district may get attorney's fees from a parent or parent's attorney if the case was frivolous or filed for improper purposes. IDEA §615(i)(1)(3)(b)(ii)and(iii). Expenses- Expert witness  fees                              In  Arlington Cent. Sch. Dist Bd. of Educ v. Murphy    540 U.S. 291, 126 S.Ct. 2455, 45 IDELR 267 (6/16/06) the  Supreme Court  ruled that a parent who pre...

In a recent interview, Secretary of Education, Betsy DeVoss stated that special education regulations continue to get piled on and that they are cumbersome and burdensome for school districts. She also stated that it would be fair to ask Congress what adequate funding levels from the feds should be.  You can review the Education Week article here. The entire interview is available here. Your thoughts?

How will courts and hearing officers interpret Endrew F? #FAPE

How will courts and hearing officers interpret Endrew F? #FAPE

This is another post in our ongoing series on the basics of special education law.  Please let us know how you are enjoying this series.  We feel that this is a good introduction for newbies and a good refresher for seasoned pros.   The federal regulations implementing IDEA provide that parties to due process hearings have a right to be accompanied by  legal counsel  and by individuals with special knowledge or training with respect to the problems of kids with disabilities "...except that whether parties have the right to be represented by non-attorneys at due process hearings is determined under State law." 34 C.F.R. §300.512.  This regulation was changed a few years ago to reverse a previous long standing policy of the department of Education that had permitted non-attorney advocates to fully represent parents in the past. To be clear a parent may still have an advocate present to advise her, but the advocate may not be able to r...

How will courts and hearing officers interpret Endrew F? #FAPE

This is another post in our ongoing series on the basics of special education law.  Please let us know how you are enjoying this series.  We feel that this is a good introduction for newbies and a good refresher for seasoned pros.   Today we talk about the stay put provision- one of the basic concepts in this area of the law, yet also one of the most misunderstood. It only applies when a due process hearing is pending. Stay Put               IDEA § 615 (j) provides that (except in certain discipline cases), during the pendency of any due process or court proceedings pursuant to this section, unless the parties agree otherwise, the student ‘…shall remain in the then-current educational placement of the child…”  This is commonly referred to as the stay put provision.  The stay put placement is the last agreed upon IEP, unless the parties agree otherwise. See 34 C.F.R. § 300.518.  ...

Happy Labor Day. Today we celebrate those who work for a living! Here are some relevant Labor Day facts from our friends at the U. S Census Bureau: The first observance of Labor Day was likely on   Sept. 5 , 1882, when some 10,000 workers assembled in New York City for a parade.   The parade inspired similar events across the country, and by 1894 more than half the states were observing a “workingmen’s holiday” on one day or another.   Later that year, with Congress passing legislation and President Grover Cleveland  signing the bill on  June 29 , the first  Monday  in September was designated “Labor Day.”   This national holiday is a creation of the labor movement in the late 19th century and pays tribute to the social and economic achievements of workers in America. Who Are We Celebrating? 159.8 million The number of people age 16 and over in the nation’s labor force as of May 2017. Source: U.S. Bureau of Labor Statistics, Table A  www.bls....

How will courts and hearing officers interpret Endrew F? #FAPE

According to a study by the U. S. Census Bureau released on Monday, t he number of people enrolled in America’s schools reached 77.2 million in 2016, according to the U.S. Census Bureau. Since 1996, total school enrollment has grown 9.9 percent. Enrollment in kindergarten through eighth grade has not significantly changed during the past decade, increasing from 36.1 million in 2006 to 36.6 million a decade later. These 2016 figures show that non-Hispanic whites made up nearly 51 percent of all students   in kindergarten through eighth grade, while Hispanic or Latino students made up 25.1 percent. Black students were 15.1 percent of the total; Asian students were 5.4 percent The number enrolled in high school remained steady between 2011 and 2016, while full-time college enrollment (undergraduate and graduate) increased over the same time for men, women and all race groups. Full-time college enrollment in 2016 was 75.1 percent of all college enrollment, up from 70.0 percent in 2006...