Copy
View this email in your browser

Special Education Law Tips

Special Edition!
2 Things that will help your child with school

We know you don't have a ton of spare time, so we designed our newsletter to have 2 (brief) Things about special education law.  Feel free to share.  Thank you! (Our apologies for missing December's issue.  January's regular issue will come out in the middle of this month.)
Recent US Dept Ed Guidance
The U.S. Department of Education had a very busy holiday season.  It released three new sets of guidance on December 28, 2016 that are very helpful to children with disabilities and those of us fighting for them.

1. Guidance on restraint and seclusion of students with disabilities in public schools: The Office of Civil Rights (OCR) found data that showed students with disabilities were subjected to restraint and seclusion at rates far higher than their non-disabled fellow students.  It raised the question of discrimination.  OCR said that restraint or seclusion can deny a student's receipt of FAPE; that parents have a right to discuss the impact of restraint and seclusion on their child's FAPE; and that careful evaluation of students is necessary before using these techniques for behavior adjustment.

2.  Rights of students with disabilities in public charter schools: Under both IDEA and 504, students with disabilities in charter schools have the same rights as other public school students with disabilities as long as the charter school is receiving federal funds.

3.  Parent and Educator Resource Guide to 504 in public schools: This lengthy guide provides definitions and examples of how 504 is mean to work for students with disabilities and procedures of how to handle disputes.  This is useful because many people confuse it with IDEA.

You can download all of this information, including the Press Releases from the USDOE website. #KnowYourRights 

 
30 Minute Consultation
Important Supreme Court Sped Case
For the first time in a long while, the U.S. Supreme Court will hear a case on special education.  On January 11, 2017, the Court will hear oral argument in the case Endrew F. v. Douglas County School District (a case arising out of Colorado).

Endrew addresses a very important issue for students with disabilities: How much "educational benefit" must a school district provide to children with disabilities in order to meet the standard of FAPE under IDEA?

This is the first time that the "Supremes" have dealt with this issue since Hendrick Hudson Dist. Bd. of Ed. v. Rowley in 1982. Most people explain Rowley as only requiring schools to provide the "Chevrolet" rather than the "Cadillac" of educational benefits to meet FAPE.

The case involves a child with Autism and ADHD that affect his cognitive abilities and his behavior. He had an IEP and was receiving special education since preschool.  However, he made almost no progress in 2nd through 4th grades. His parents pulled him out of the public school and placed him in a private school for Autism.

The parents sought reimbursement for the private school tuition but the public school district refused. Parents filed suit and both the Due Process judge and the U.S. District Judge held that the school had provided the child with FAPE because the evidence showed he had made "minimal progress" and therefore was provided "some educational benefit."

To read more about the case and the argument to be heard on January 11, go to either the U.S. Supreme Court website or the SCOTUS blog. #KnowYourRights  
30 Minute Consultation
Our upcoming events:

Jan. 24, 2017, 6:30 p.m. - Special Education Law 101
Family Partners of Hudson County
 
Apr. 4, 2017 - Autism Series at Camden County College
Legal Issues Facing ASD Individuals at Age 21
Blackwood, NJ Campus, 6:30 pm
http://www.camdencc.edu/civiccenter/Lectures-and-Events.cfm

Our book SchoolKidsLawyer's Guide to Special Education Law: Workbook for Parents, Advocates and Lawyers
ON SALE NOW!



Go to http://schoolkidslawyer.com/book for more details!
 
Past issues of the 2 Things Newsletter are now archived online in both HMTL and PDF formats at http://schoolkidslawyer.com/2t.htm

If you have a group or organization that is interested in hosting a special education seminar, please contact us at info@schoolkidslawyer.com.

School Kids Lawyer

2,450 followers
1,650 tweets
following 1,880 people
follow
 https://us11.forward-to-friend.com/forward?u=66ccf772419a922c2f962df1a&id=b1f64ee294&e=[UNIQID]

Copyright © 2017 Thurston Law Offices LLC, All rights reserved.


Want to change how you receive these emails?
You can update your preferences or unsubscribe from this list

Email Marketing Powered by Mailchimp