Three recent federal cases have given new meaning to the procedure in which Hearing Officers and Courts must evaluate Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and American with Disabilities Act (ADA) claims. On June 4, 2024, the Third Circuit addressed this issue with two cases: B.S.M. v. Upper Darby School District and Le … [Read more...] about Three New Federal Cases Impact Special Education Evaluation Procedures
IDEA
Significant Third Circuit Victory Secured for Children With Disabilities
In a recent decision, B.S.M. v. Upper Darby School District, the Third Circuit ruled that the rights of children with disabilities under Section 504 of the Rehabilitation Act of 1973 are distinct from their rights under the Individuals with Disabilities Education Act (IDEA). A school’s Child Find obligations may require evaluation under Section 504 even if a student was evaluated and … [Read more...] about Significant Third Circuit Victory Secured for Children With Disabilities
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
