School Law Bullet

In an interesting case out of the Third Circuit Court of Appeals, the Court, in an unpublished decision, creates a narrow exception to the pendency or stay-put requirements when a parent files for Due Process under the IDEA.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

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

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

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

The United States Department of Education’s Office of Special Education Programs (OSEP) has entered into the fray over applied behavior analysis therapy (ABA) and in so doing, provides a reminder to school entities that the individual needs of each child must be considered in determining what services, methodology and programing to provide a student with a disability. In recent years, there has … [Read more...] about OSEP: Types of Services Put In An IEP Must Be Made On An Individual Basis and Not Just on Disability Label

As school starts all over the state, buses will be rolling to transport students to and from class. But what happens if the child has two different homes? In their August 25 decision, the Pennsylvania Supreme Court has held that school districts must transport students to and from more than one residence in certain situations. The Facts The divorced parents of the student in this case have a 50/50 … [Read more...] about Pennsylvania Supreme Court Addresses Transportation Obligations for Shared Custody Situations