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Evaluative Conciliation Conference a new way to resolve special education disputes in Pennsylvania

Fox Rothschild LLP
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USA
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August 15 2012

The Pennsylvania Office of Dispute Resolution (ODR), the body that is responsible for the resolution of special education disputes in Pennsylvania, has introduced a new method of attempting to resolve these disputes called an Evaluative Conciliation Conference (ECC

School districts are not the LEA for charter school students, but may still have to draft an IEP for them

Fox Rothschild LLP
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USA
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March 5 2012

In a recent case decided by a federal judge in the Middle District of Pennsylvania, the court found that while a local school district does not have an obligation to provide a free appropriate public education (“FAPE”) under the Individuals with Disabilities Education Act (“IDEA”) to a student who resides in the district but attends a cyber charter school, the local school district may have an obligation to provide the student with an Individual Education Program (“IEP”

Documents, documents everywhere!

Fox Rothschild LLP
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USA
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January 30 2012

There has been an increasing trend in special education Due Process hearings under the Individuals with Disabilities Education Act to litigate not only the issue of special education programming for students, but also the documents related to the same

FERPA regulations revised

Fox Rothschild LLP
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USA
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January 6 2012

In December 2011, the United States Department of Education revised its regulations interpreting the Family Educational Rights and Privacy Act (FERPA) in a way that will give school entities a little bit more flexibility

Has MA gone MIA? Why parents are refusing to consent to the use of MA funds

Fox Rothschild LLP
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USA
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December 15 2011

An increasing number of parents, often on the advice of counsel, are refusing to give consent to allow school districts or intermediate units to access medical assistance funds to pay for special education services that are both medical and educational

New due process hearing rules require planning before due process is in view

Fox Rothschild LLP
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USA
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August 29 2011

In January 2011, the Pennsylvania Special Education Hearing Officers issued new rules related to the manner in which due process hearings under the Individuals with Disabilities Education Act (IDEA) are to be conducted

Supreme Court holds that first amendment right to petition government only applies to matter of public concern for government employees

Fox Rothschild LLP
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USA
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June 21 2011

The Supreme Court has held that in order for the actions of a public employee to qualify for protection under the First Amendment’s Petition Clause, it must relate to a public concern

“It was a very stupid thing to do, I’ll admit”: bad facts lead to individual liability for school employees for FERPA violations

Fox Rothschild LLP
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USA
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June 13 2011

In an interesting but concerning case, a federal court found that individual employees of a school district may be held liable for violating the Family Educational Rights and Privacy Act (FERPA), not by a direct action under FERPA but rather under a common law negligence action and Section 1983 action

Pa. State Legislature considers changing special education funding again

Fox Rothschild LLP
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USA
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June 9 2011

The Pennsylvania State Legislature is again considering changing the manner in which it funds special education in local school districts

Some clarification provided on duty of intermediate units to fund typical pre-school

Fox Rothschild LLP
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USA
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May 12 2011

There has been an ongoing dispute in Pennsylvania over when, if at all, the provider of early interventions services, typically an intermediate unit, is require to fund the placement for a student in a typical preschool