Individuals with Disabilities Education Act

L.H. v. Hamilton County Department of Education (6th Cir.)

Special Education & Disabilities: What are the appropriate standards for determining whether an educational placement offers the least restrictive environment (“LRE”) for a student with a disability and whether a change in location constitutes a change of placement?

R.M. v. Gilbert Unified School District (9th Cir.)

Special Education & Disabilities: Whether IDEA's FAPE requirement that a student's IEP must provide educational benefit as defined by Endrew F.  outweighs IDEA's preference for such benefit in the least restrictive environment.

M.R. v. Ridley School District

Third Circuit order denying petition for rehearing en banc.

M.R. v. Ridley School District (3d. Cir. Pet. for rhrg en banc)

Special Education & Disabilities: Whether parents who succeed on claim for reimbursement for private school tuition under IDEA's stay put provision are a prevail party entitled to attorneys' fees

M.L. v. Smith, No. 15-1977 (4th Cir. Aug. 14, 2017)

Fourth Circuit panel held that Maryland school district provided with a disabled student with a free appropriate public education as required by the Individuals with Disabilities Education Act even though the student's individualized education plan did not address the students religious and cultural needs. 

NSBA and over 35 national orgs. call for full funding of IDEA

NSBA and over 35 organizations joined today in advocating for the full funding of the Individuals with Disabilities Education Act (IDEA), on behalf of over 6.2 million students with disabilities, their teachers, specialized instructional support personnel, parents, school boards and administrators. Following is an excerpt from our joint letter to policymakers:

NSBA and Coalition Call for Full Funding of the Individuals with Disabilities Education Act (IDEA)

NSBA and a coalition of more than 35 organizations joined today in advocating for the full funding of IDEA on behalf of over 6.2 million students with disabilities, their teachers, specialized instructional support personnel, parents, school boards and administrators. Read their letter to policymakers here:

NSBA Asks Court to Uphold the Law that Enables More Than 6 Million Children with Disabilities to Receive Individual Educational Opportunities

Alexandria, Va. (December 22, 2016) - The National School Boards Association (NSBA) along with the California School Boards Association and its Legal Alliance Fund, the Colorado Association of School Boards, and the Horace Mann League have filed an amicus brief in Endrew F. v. Douglas County School District RE-1 asking the court to uphold the standard the Court established in the Rowley case decades ago that provides for students to receive an educational benefit from their special education. A ruling in favor of Endrew F. would create confusion that would jeopardize the level of educational benefits school districts provide students with disabilities, endangering the ability of schools to meet individual student needs.

NSBA Urges the U.S. Supreme Court to Uphold Long-Standing Processes that Encourage Parent-School Collaboration in Special Education

October 14, 2016 – The National School Boards Association (NSBA), joined by the Michigan Association of School Boards (MASB), the School Superintendents Association (AASA), Association of School Business Officials International (ASBO), and National Association of State Directors of Special Education (NASDSE), filed a “friend of the court” (amicus) brief in the U.S. Supreme Court case of Fry v. Napoleon Community Schools.

“IDEA’s due process procedures were put in place for the benefit of students with disabilities,” said Thomas J. Gentzel, National School Boards Association Executive Director and CEO. “Parents and schools working collaboratively to address the individual educational needs of students produces the best outcomes for students with and without disabilities, their parents, and their local school districts. We encourage the Court to discourage any resolution that encourages more litigation and diverts precious funds away from the classroom.”

Fry v. Napoleon Community School District (U.S. Sup. Ct. - Merits Brief 2016)

Special Education & Disabilities: Whether 20 U.S.C. § 1415(l) requires Petitioners to exhaust the state administrative procedures set forth in the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., before filing a civil action seeking monetary and declaratory relief under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12201 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

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