A recent video-gone-viral of a school resource officer’s interaction with a student in a Columbia, South Carolina classroom highlights the potential issues that may arise when student discipline and the criminal justice system collide in the educational environment. The presence of officers in schools may go a long way in creating a safe environment in which teachers can teach and students can … [Read more...] about To Serve and Protect Our Children – U.S. DOJ Speaks On The Role of Security Officers, SROs, and School Police
School Law Bullet
OSERS Issues Guidance on IEP Goals Inconsistent With Current Case Law, May Create Unrealistic Expectation
OSERS has issued new guidance about IEP goals in a Dear Colleague Letter dated November 16, 2015, that appears to set the standard very high for what school districts are supposed to do in IEP goals. More specifically, the guidance provides “we expect annual IEP goals to be aligned with State academic standards for the grade in which a child is enrolled.” In addition, the guidance provides that … [Read more...] about OSERS Issues Guidance on IEP Goals Inconsistent With Current Case Law, May Create Unrealistic Expectation
Third Circuit Opens the Door to an Exception to Stay-Put in the Case of Transfer Students
In an interesting case out of the Third Circuit Court of Appeals, the Court, in an unpublished decision, creates a narrow exception to the pendency or stay-put requirements when a parent files for Due Process under the IDEA. In the case of J.F. v. Byram Township Board of Education, the Court found that when a student moves to a new school district and the parent then files for due process, the … [Read more...] about Third Circuit Opens the Door to an Exception to Stay-Put in the Case of Transfer Students
OSERS Guidance on Dyslexia, Dyscalculia and Dysgraphia Raises Potential Concerns for Schools
The Office of Special Education and Rehabilitative Services (OSERS) has recently issued guidance on dyslexia, dyscalculia, and dysgraphia, advocating for the use of those specific diagnostic terms, rather than the identification of the student-specific pattern of deficiencies and/or weaknesses. According to the letter, parents, advocacy groups, and national disability organizations believe that … [Read more...] about OSERS Guidance on Dyslexia, Dyscalculia and Dysgraphia Raises Potential Concerns for Schools
PDE Issues New BEC to Provide Guidance for Schools on One-to-One Support: District Payor of Last Resort
The Pennsylvania Department of Education (PDE) has issued a new BEC on one-to-one support that makes clear that if a student needs this service, it must be in the IEP, and that the school entity has final responsibility to provide this service and is the payor of last resort. Ensuring Appropriate Services PDE has issued a new BEC on the issue of one-to-one support for special education students … [Read more...] about PDE Issues New BEC to Provide Guidance for Schools on One-to-One Support: District Payor of Last Resort
Third Circuit Decision Opens Floodgates of Unlimited Liability for Compensatory Education
In a matter of first impression among Courts of Appeals, the Third Circuit Court of Appeals has finally settled a long dispute over how to interpret the two-year statute of limitations created under the IDEA in 2004. As discussed below, in the case of G.L. v. Ligonier Valley School District Authority, No. 14-1387 (3d Cir. 2015) the Court found the following: (1) The IDEA statute of limitations … [Read more...] about Third Circuit Decision Opens Floodgates of Unlimited Liability for Compensatory Education