Legal Updates

Girard & Edwards October 28, 2016 Legal Update: Ninth Circuit Holds That Student is Entitled to Special Archives Education Services Under IDEA Despite Satisfactory Academic Performance.

Girard & Edwards June 8, 2016 Legal Update: OAH: LEAs Must Convene Manifestation Determination Review Meeting Prior to Removing Student to IAES, Even Following Infliction of “Serious Bodily Injury”

Girard & Edwards May 26, 2016 Legal Update: Lack of Prior Written Notice Not Always a Denial of FAPE

Girard & Edwards May 3, 2016 Legal Update: 10 Things You Need to Know For Graduating Students with Disabilities

Girard & Edwards April 6, 2016 Legal Update: Ninth Circuit Affirms that a Disclaimer of Liability Did Not Diminish the Overall Value of a Settlement Offer in Determining Parents’ Attorney Fees

Girard & Edwards March 30, 2016 Legal Update: Attend IEP Meetings With an Open Mind or Risk the Consequences

Girard & Edwards March 24, 2016 Legal Update: OAH: LEAs Should Document Attempts to Address Violent, Injurious Behavior in Current Setting Before Seeking Removal to IAES

Girard & Edwards March 11, 2016 Legal Update: Surprise! New Guidance from OSEP on How to Address When Parents Unexpectedly Bring An Attorney to Their Child’s IEP Meeting

Girard & Edwards March 1, 2016 Legal Update: 5 Tips to Prepare for Mediation

Girard & Edwards February 25, 2016 Legal Update: Deviations from Standardized Assessments May Be OK If Assessments Are Not Used to Generate Standardized Scores

Girard & Edwards February 9, 2016 Legal Update: OAH: Under Specific Circumstances, LEA Appropriately Postponed Conducting Assessment while Student Temporarily Received Home Hospital Instruction

Girard & Edwards January 27, 2016 Legal Update: OAH Decision: Failure to Inform Parents of Their Procedural Safeguards Extends the Time Period in Which Parents May File a Due Process Complaint.

Girard & Edwards January 21, 2016 Legal Update: U.S. Court of Appeals: Reporting Child Abuse Can Trigger Retaliation Lawsuit

Girard & Edwards December 17, 2015 Legal Update: Your Reaction to a Request for an Independent Educational Evaluation Could Constitute Retaliation.

Girard & Edwards November 23, 2015 Legal Update: A Year And A Half Is An Unreasonable Time For a School District To Wait to Initiate A Due Process Hearing.

Girard & Edwards November 12, 2015 Legal Update: OCR: Student’s Use of Service Dog in Class Triggers LEA Duty to Evaluate a Schoolmate with Allergies.

Girard & Edwards October 14, 2015 Legal Update: Local Education Agency Committed a Procedural Violation by Disregarding an Adult Student’s Assignment of Educational Rights to Her Parents.

Girard & Edwards October 7, 2015 Legal Update: Feds Urge State Education Agencies to Step Up Special Education Oversight of Charter Schools.

Girard & Edwards September 15, 2015 Legal Update: Parent Unable to Persuade US District Court to Order School District to Perform Assessment in Room with One-Way Mirror.

Girard & Edwards August 26, 2015 Legal Update: OAH: Deteriorating Behavior Justifies Reevaluation Over Parent’s Protests

Girard & Edwards August 4, 2015 Legal Update: Observation is not evaluation.

Girard & Edwards July 28, 2015 Legal Update: Ninth Circuit Holds That a Student Was Not Eligible For Special Education and Related Services Despite Being a Student with Autism.

Girard & Edwards July 14, 2015 Legal Update: US District Court: District Acted Appropriately When It Did Not Assess Student’s AT Needs When Evidence Showed Inability to Benefit from Low-Tech Devices, But Should Have Assessed Once Parents Reported Student’s Success in Using a Tablet at Home.

Girard & Edwards June 17, 2015 Legal Update: OCR: Local Educational Agencies Must Take Steps to Stop Harassment and Evaluate Its Effect on a Student's Ability to Learn.

Girard & Edwards June 2, 2015 Legal Update: OAH: Students Need Not Show “Demonstrable Educational Harm” To Prove Denial of FAPE; District Ordered to Fund Unilateral Nonpublic School Placement.

Girard & Edwards May 20, 2015 Legal Update: OCR: District’s Four Month Delay in Evaluating Student While it Attempted Other Interventions Amounts to Child Find Violation under Section 504 and Title II of ADA.

Girard & Edwards May 13, 2015 Legal Update: OAH: District May Not Avoid Obligation to Provide Transportation as a Related Service to an Student Eligible for Special Education Who Attends School in the District on an Employment-Related Transfer.

Girard & Edwards May 6, 2015 Legal Update: OAH: Parents Have No Right to Prior Written Notice for Every Grading Method or Occasional Modification Utilized by a Teacher

Girard & Edwards April 28, 2015 Legal Update: Ninth Circuit Affirms School District’s Determination That 1:1 Aide May Actually Hinder Social Skills of Student with Autism.

Girard & Edwards April 14, 2015 Legal Update : OSEP: When LEA Evaluations Fail to Address All Areas of Suspected Disability, Parents May Request IEEs in Areas Not Previously Assessed by an LEA Evaluation.

Girard & Edwards March 3, 2015 Legal Update : U.S. District Court Finds Superintendent Not Liable for Non-Public School’s Dangerous Environment Absent Actual Knowledge.

Girard & Edwards February 25, 2015 Legal Update : OAH upholds district's out of state residential placement as least restrictive environment.

Girard & Edwards February 11, 2015 Legal Update : OAH: Student Not Entitled to Manifestation Determination Meeting Under IDEA Due to Parent’s Refusal to Consent to Assessment.

Girard & Edwards February 3, 2015 Legal Update : OCR: District Violates Section 504 and Title II by Exiting Transferring Student from Special Education and Failing to Ensure Records Followed Student between Schools.

Girard & Edwards January 28, 2015 Legal Update : With Steady Increase of English Language Learners in Public Schools, OCR and DOJ Remind State Educational Agengies of Responsibilites under the Title VI and Federal Laws.

Girard & Edwards January 7, 2015 Legal Update : OCR: District Policy Requiring IEP Revision before Approving Short-Term Independent Study May Discriminate Against Students with Disabilities under Section 504 and ADA.

Girard & Edwards December 12, 2014 Legal Update : DOE Issues Guidance on Effective Communication for Students with Hearing, Vision, or Speech Disabilities.

Girard & Edwards November 21, 2014 Legal Update : Senate Bill 1266: Effective January 1, 2015, All Public Schools Required to Stock and Provide EpiPens to School Nurses and/or Trained Volunteer Personnel.

Girard & Edwards November 14, 2014 Legal Update : Charter School's Due Process Request Filed 24 Days After Parent Request for IEE Was Not Unnecessarily Delayed.

Girard & Edwards November 6, 2014 Legal Update : OCR issues guidance on bullying of students with disabilities under Section 504.

Girard & Edwards October 31, 2014 Legal Update : OAH: Removing a student from class to engage in a preferred activity, to deescalate, or participate in statewide testing in accordance with his/her IEP, even after being suspended for 10 days, does not trigger a manifestation determination review.

Girard & Edwards August 14, 2014 Legal Update : OAH: Cerficate of Proficiency is not a regular high school diploma - Not a valid basis upon which to exit student from Special Education.

Girard & Edwards June 19, 2014 Legal Update : Involved in a dispute over the educational placement of a transfer student with autism, a school district was unable to persuade the District Court that it had no obligation to precisely replicate the home-based ABA program described in the student's last-implemented IEP.

Girard & Edwards May 2, 2014 Legal Update : OAH: Timeline to Complete Initial Assessments Begins Upon Consent of Either Parent with Joint Legal Custody

Girard & Edwards April 21, 2014 Legal Update : U.S. District Court: Offer to Convene Additional IEP Metting to Remedy Past Faiures Saves School District more than $50,000 in Attorneys' fees.

Girard & Edwards February 24, 2014 Legal Update : U.S. District Court: School District Violated ADA "Effective Communication" Obligation Despite Providing Deaf Student With FAPE.

Girard & Edwards February 12, 2014 Legal Update: U.S. District Court: Charter School Did Not Discriminate by Denying Admission to Disabled Student Who Did Not Live Within Attendance Area Boundaries.

Girard & Edwards January 24, 2014 Legal Update: Office of Civil Rights Issues Guidance on Students with Disabilities Participating in Extra Curricular Athletics.

Girard & Edwards January 13, 2014 Legal Update: California School District Violated Child Find Obligations When Student Failed to Progress in General Education Setting.

Girard & Edwards January 10, 2014 Legal Update : Out with the Old and In with the New: New Year Ushers in New Laws for California Public Schools.

Girard & Edwards December 2, 2013 Legal Alert : Assessor's Recommendation Need Not Exactly Match IEP Team Decision in Order to Demonstrate Properly Conducted Assessment.

Girard & Edwards November 20, 2013 Legal Alert: School District Did Not Err in Relying on Three-Year Old Assessments for Eligibility Determination.

Girard & Edwards September 28, 2012: The Power of Prior Written Notice - When, Why and How to Use It.

Girard & Edwards August 2012 Legal Update: OCR/504 Reports; IDEA Cases: Expressing Concerns About a Child's Pattern of Behavior May Trigger Discipline Protections Under IDEA, Bullying the Disabled, No Harm No Foul, Charter Schools Enrolling Proportionately Fewer Students with Disabilities.

IEP Aging Out Schedule: Prior Written Notice: "Aging Out" of Special Education.