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Determining the Extent to Which Students with Disabilities are Entitled to Compensatory Education Services Due to COVID-19 Related School Closures

Based upon the Centers for Disease Control (“CDC”) Guidance for Administrators of U.S. Childcare Programs and K-12 Schools to Plan, Prepare, and Respond to Coronavirus Disease 2019, most recently updated March 19, 2020, the U.S. Department of Education developed a document entitled, Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak dated […]

Student With Qualifying Disabilities Entitled to Special Education Services in Spite of Satisfactory Academic Performance

In a recent decision, the three-judge panel of the Ninth Circuit Court of Appeals reversed the federal district court’s summary judgment in favor of a defendant school district, disagreeing with the district court’s and the state Administrative Law Judge’s ruling that a student with three disabling conditions did not require special education services because of […]

School Districts Must Initiate Due Process Hearing After Impasse

CALIFORNIA EDUCATION CODE SECTION 56346(f) COMPELS A SCHOOL DISTRICT TO INITIATE A DUE PROCESS HEARING WHEN THE SCHOOL DISTRICT AND THE PARENTS REACH AN IMPASSE In a decision by the Ninth Circuit Court of Appeals, the panel concluded that a school district did not initiate a due process hearing within a reasonable time after a child’s parents failed […]

OSEP Expands Parents’ Right to an IEE to an Area Not Previously Assessed by the School District’s Evaluation

In a letter dated February 23, 2015, the United States Department of Education’s Office of Special Education and Rehabilitative Services (“OSEP) stated that when a parent disagrees with a school district evaluation because a child was not assessed in a particular area, the parent has the right to request an Independent Educational Evaluation (“IEE”) to […]

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