On May 27, 2025, Chief Judge Juan R. Sanchez of the Eastern District of Pennsylvania reversed Hearing Officer James Gerl’s (“H.O. Gerl”) decision in Laboratory Charter School v. M.R.S. The federal judge found that Laboratory Charter (“Lab Charter”) failed to provide M.R.S. with a FAPE during her 6th grade school year (2020 – 2021) when it did not conduct a reevaluation nor implement an … [Read more...] about Pennsylvania District Court Reversed Hearing Officer FAPE/Compensatory Education Decision
FAPE
Pennsylvania Department of Education Issues Last-Minute Policy Change to Increase Student Eligibility for FAPE
The state’s agreement to resolve a class action lawsuit filed in July 2023 creates the potential for students that turned age 21 during the 2022-23 school year to return to school this year until their next birthday. What Happened On the evening of August 30, the Pennsylvania Department of Education announced an amended policy for age eligibility for students receiving special education … [Read more...] about Pennsylvania Department of Education Issues Last-Minute Policy Change to Increase Student Eligibility for FAPE
Third Circuit Rules for School District in FAPE Case: School Shows How It’s Done
In a recent case from the Third Circuit, a school district prevailed against parents’ claims for failure of child find, for denial of FAPE and for private school tuition, both at hearing and in all levels of the parents’ appeals to the federal courts. J.M. o/b/o C.M. v. Summit City Board of Education (July 1, 2022). The district prevailed simply because it was professional and responsive. At issue … [Read more...] about Third Circuit Rules for School District in FAPE Case: School Shows How It’s Done
Applying IDEA and Section 504 in the Time of COVID
Recently, PDE’s Bureau of Special Education (BSE) issued guidance which states, “LEAs should work to ensure that a student receiving special education services is continuing to be provided with FAPE, as appropriate and reasonable for each student’s circumstances. Educational and related services and supports may need to be adjusted accordingly.” Services to be provided to students identified as … [Read more...] about Applying IDEA and Section 504 in the Time of COVID
IDEA Procedural and Timeline Relief Recommended
On March 31, 2020, state and local special education administration organizations recommended temporary relief for certain IDEA provisions due to the school closures resulting from the COVID-19 pandemic. The organizations involved in drafting the recommendations include the National Association of State Directors of Special Education (NASDSE) and the Counsel of Administrators of Special … [Read more...] about IDEA Procedural and Timeline Relief Recommended
