Students and their Parents bear the burden of showing by a preponderance of the evidence that a School District violated its Child Find obligation under Section 504. Absent sufficient evidence of the same and where the District acted reasonably, liability does not attach. Overview of Prior Third Circuit Decision Back in 2024, the Third Circuit ruled in B.S.M. v. Upper Darby School … [Read more...] about Third Circuit Confirms Child Find Obligations Under Section 504
Special Education
Three New Federal Cases Impact Special Education Evaluation Procedures
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
Special Education Tips for Regular Educators
In this interactive Lunch & Learn workshop, Special Education attorneys Kristine Roddick and Ryan Fields will discuss the basics of special education services to help regular educators understand the law and their role in supporting the special education student. Topics include: State and Federal Laws What is FAPE? Due Process Procedures Child Find and Red Flags for Referrals … [Read more...] about Special Education Tips for Regular Educators
Special Education Discipline
Join us for a lunch and learn that will address discipline of all students and the rules specific to special education students. Special Education attorneys Rebecca Young and Alyssa Hicks will discuss how school districts can develop legally-defensible practices, procedures, policies and guidelines regarding the discipline of students with disabilities under the IDEA and Section 504. Topics to be … [Read more...] about Special Education Discipline
How Are We Doing? Special Education Services A Year Into COVID
The more things change, the more they stay the same. A year ago, students and staff in Pennsylvania schools packed up classrooms and prepared to stay home for two weeks as directed by the Governor in response to COVID-19. The closure eventually extended for the remainder of the school year. Schools worked to resume instruction via remote means and tackled the task of ensuring all students could … [Read more...] about How Are We Doing? Special Education Services A Year Into COVID
OSEP and OCR Release Guidance for Special Education During COVID
On September, 28, 2020, The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) and the United State Department of Education Office for Civil Rights (OCR) each released Q & A documents addressing the implementation of special education services and accommodations under Section 504 during the ongoing COVID-19 environment. These documents do not … [Read more...] about OSEP and OCR Release Guidance for Special Education During COVID
