A school district was ordered to go to a due process hearing under the IDEA despite the waiver agreement that it had with the parents on the issues. West Chester Area School District v. A.M. and K.M., individually and as parents and natural guardians of C.M. and Charles Jelley, Hearing Officer, Pennsylvania Office of Dispute Resolution, 2017 WL 2623939 (June 19, 2017) In a case of first impression … [Read more...] about Has the Court Rung The Death Knell on Settlement Agreements in Special Education?
Family Engagement Initiative New Focus in Facilitating Permanency
For more than 10 years, members of Pennsylvania’s Permanency Practice Initiative Workgroup have studied court and agency practices in the dependency (foster care) system with a goal to identify ways to increase family participation or a voice in the process, identify kinship resources, and promote permanency for children. The methods identified by this group are now familiar to child welfare … [Read more...] about Family Engagement Initiative New Focus in Facilitating Permanency
Be Sure That When You Settle a Case, You Know What You Have Settled
In an interesting case from the Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey, and Delaware, the court found that settlement of a workers’ compensation claim did not waive claims on the part of the employee for violations under FMLA or under Pennsylvania common law. In the case of Zuber v. Boscov’s, No 16-3217 (3d Cir., Sept. 11, 2017) an employee was hurt at work and filed … [Read more...] about Be Sure That When You Settle a Case, You Know What You Have Settled
Complying With Request for Records Does Not Make Parents Prevailing Parties
In an interesting case out of the Eastern District of Pennsylvania, a court has found that a voluntary change of course by a school district, even in the course of due process, does not confer prevailing party status upon the parents. In the case of G.B. v. Easton Area School District (No. 17-551 E.D.Pa., Aug. 29, 2017) it was found that a voluntary choice to give the parents what they wanted in … [Read more...] about Complying With Request for Records Does Not Make Parents Prevailing Parties
In Any Academic Collaboration, Be Sure to Dot the “i’s” and Cross the “t’s”
A recent Third Circuit Court of Appeals decision stresses the importance of clear, written documentation of roles and responsibilities in any academic collaborations between a private entity and a state university. When Angela Borrell, a student in the Nurse Anesthetist Program (NAP) jointly administered by Bloomsburg University and Geisinger Medical Center, was dismissed from the program, she … [Read more...] about In Any Academic Collaboration, Be Sure to Dot the “i’s” and Cross the “t’s”
In Special Education Cases, It’s Not Over Until It’s Over
In a decision likely to cause anguish among public school officials, the Third Circuit Court of Appeals retrospectively granted “prevailing party” status to parents of a child, whom the parents had unilaterally placed in private school because parents believed the child’s Individualized Education Program (IEP) was inadequate. The award of attorneys’ fees to parents was granted years after several … [Read more...] about In Special Education Cases, It’s Not Over Until It’s Over
