Litigation
Families and educators have access to the court system to enforce a right, although typically this option is only available after they have exhausted the available administrative procedures, i.e. gone through a due process hearing.
The COVID-19 pandemic, which resulted in the closure of public schools in March 2020 and the return from remote to inperson instruction for varying periods depending on the state and locality, would appear to be a fertile field for legal activity under the Individuals with Disabilities Education Act...
Video of IDEA Legal Update with Art Cernosia Spanish Interpretation of the recording is available here. About the Webinar: Join Art Cernosia, Esq. as he reviews the most important legal cases in special education and early intervention in the recent past. In addition to reviewing the cases, he will...
The Individuals with Disabilities Education Act (IDEA) obligates school districts to identify students with disabilities and provide them with a free and appropriate public education (FAPE), which includes specially designed instruction. Identification, FAPE, least restrictive environment (LRE), and...
[Abstract] To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after...