The FAPE Page

  The Individuals with Disabilities Education Act, a child is entitled to a fair and appropriate public education.  Not surprisingly, often parents and school districts have different views as ...

http://fapepage.blogspot.com/2023/04/place-now-pay-later.html

The Second Circuit, in A.M. V. NEW YORK CITY DEPARTMENT OF EDUCATION, held that where the school district developed an Individualized Education Program ("IEP") for an autistic child, that was ag...

http://fapepage.blogspot.com/2017/01/clear-consensus-am-v-new-york-city.html

The question presented in this case is whether being disabled for purposes of the Individuals with Disabilities Education Act ("IDEA") categorically qualifies and individual as having a disabilit...

http://fapepage.blogspot.com/2016/09/a-disability-is-not-disability-is-not.html

In Price v. District of Columbia, the parents seeking relief on behalf of their child under IDEA.  They obtained counsel from the Juvenile Branch of the Superior Court of the District of Columb...

http://fapepage.blogspot.com/2015/07/prevailing-attorney-entitled-to-fee.html

In Doe v. East Lyme Board of Education, the parent of an autistic child reached an agreement for an IEP under which the parent paid for the child's tuition at a private school and the school dist...

http://fapepage.blogspot.com/2015/07/stay-put-violation-sustained-even.html

As is well known, if you don't raise an issue in your due process complaint, you cannot raise it in the due process hearing absent consent of the other side (and how likely is that?).  The Seco...

http://fapepage.blogspot.com/2014/03/waiver-rule_14.html

The Third Circuit jumped into the dispute between the D.C. and the Ninth Circuits on the issue of whether the stay-put provision of the Individuals with Disabilities Education Act, which requires...

http://fapepage.blogspot.com/2014/02/sty-put-split.html

The Third Circuit has held that an IEP enacted before summer vaction, but not implemented does not establish the "stay put" placement when a placement dispute arises over the summer. The decision...

http://fapepage.blogspot.com/2010/06/summer-conflict.html

A parent and student prevailed, in part, in an action against a school district in which they claimed that the student had been denied FAPE. The District Court awarded the plaintiffs $104,349.45 ...

http://fapepage.blogspot.com/2009/12/negative-multiplier.html

STATUTE OF LIMITATIONS. The Third Circuit has held that the two-year statute of limitations for an IDEA claim also applies to a claim brought under section 504 of the Rehabilitation Act rather th...

http://fapepage.blogspot.com/2009/11/statute-of-limitations.html

The Second Circuit, in T.Y. V. NEW YORK CITY DEPARTMENT OF EDUCATION, has held that the failure of an IEP to name a specific school as the placement for a child does not render the IEP procedural...

http://fapepage.blogspot.com/2009/10/location-location-location.html

Milwaukee is appealing from an order requiring it to come up with a plan for compensating students who had been denied FAPE during the years 2000-2003. The City claims that the order is overly br...

http://fapepage.blogspot.com/2009/07/milwaukee-appeals.html

What is the deal with the Charlotte-Mecklenberg school ?

http://fapepage.blogspot.com/2009/06/whats-deal.html

IDEA authorizes reimbursement for private special-education services when a public school fails to provide FAPE and the private school placement is appropriate. regardless of whether the child pr...

http://fapepage.blogspot.com/2009/06/reimbursement.html

NON-CUSTODIAL PARENT. A non-custodial parent had challenged certain decisions made as to the special educational services being provided to his child. The District Court dismissed the action, hol...

http://fapepage.blogspot.com/2009/06/non-custodial-parent.html

In an action brought under the Individuals with Disabilities Education Act, a father brought an action seeking relief on behalf of him and his disabled son. Because he was the non-custodial paren...

http://fapepage.blogspot.com/2008/08/certified-question.html

The Third Circuit has held that a parent-attorney is not entitled to attorneys' fees in a federal action brought under IDEA for the benefit of his child. The Court believed that the purpose of aw...

http://fapepage.blogspot.com/2008/05/no-attorneys-fees.html

The attorney who represented the student in the TOM F. case before the Supreme Court has been nominated to serve as a District Judge in the Southern District of New York. See this article from t...

http://fapepage.blogspot.com/2008/04/new-judge.html

According to the New York Times: "New York City, at the suggestion of private consultants, is significantly ramping up its effort to challenge cases in which it pays for private school tuition of...

http://fapepage.blogspot.com/2007/12/bad-news-in-nyc.html

In NEW YORK CITY DEPARTMENT OF EDUCATION V. TOM F., the Supreme Court has upheld the Second Circuit's decision by a 4-4 vote. The case involved the issue of whether a child has to have gone to a ...

http://fapepage.blogspot.com/2007/10/split-vote.html

Oral argument was held in BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK V. TOM F. and the transcript is available on the Supreme Court website. The case involves the iss...

http://fapepage.blogspot.com/2007/10/tom-f.html

The Second Circuit held that a student had to exhaust his administrative remedies before going to Federal Court even though he was scheduled to graduate before his remedies could be exhausted. Th...

http://fapepage.blogspot.com/2007/10/exhaustion.html

The Second Circuit has held that a district court should not overturn the decision of a hearing officer if the decision is reasoned and supported by the record. The decision in GAGLIARDO V. ARLIN...

http://fapepage.blogspot.com/2007/06/leave-hearing-officer-alone.html

The Third Circuit has ruled (en banc) in A.W. V. JERSEY CITY PUBLIC SCHOOLS that a litigant may not bring a section 1983 to redress rights under IDEA. This case overrules W.B. V. MATULA , which h...

http://fapepage.blogspot.com/2007/06/section-1983-and-idea.html

Sorry for being late on reporting the Supreme Court's ruling in WINKELMAN V. PARMA CITY SCHOOL DISTRICT. The Court held that parents could represent their children in federal actions brought unde...

http://fapepage.blogspot.com/2007/06/little-late.html