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Category: Education Law

This Is The End #SpecialEducationLawBlog #jimgerl

Posted on September 9, 2024 By rehan.rafique No Comments on This Is The End #SpecialEducationLawBlog #jimgerl
This Is The End  #SpecialEducationLawBlog #jimgerl

It was a good run! This blog will cease to exist at the close of business on Monday.  This blog is coming to an end. Since May 9, 2007, we have done much to advance our goal of increasing knowledge of  special education law among people who are involved in special education. Thank you to the…

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Education Law

Planning for the New School Year: 2024-2025

Posted on September 9, 2024 By rehan.rafique No Comments on Planning for the New School Year: 2024-2025
Planning for the New School Year: 2024-2025

It is often stated, “An ounce of prevention is worth a pound of cure”; especially if the “cure” creates misunderstanding, division, and conflict. This is true for most events which have a high stakes impact on one’s life as well as our childrens’ lives. And this is where Education Advocacy enters the discussion. Simply, during…

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Education Law

Just Around the Corner: Reminder and Update on the New School Climate Improvement Plan (and Some Help Is on the Way Via Public Act 24-45): Pullman & Comley

Posted on September 9, 2024 By rehan.rafique No Comments on Just Around the Corner: Reminder and Update on the New School Climate Improvement Plan (and Some Help Is on the Way Via Public Act 24-45): Pullman & Comley
Just Around the Corner: Reminder and Update on the New School Climate Improvement Plan (and Some Help Is on the Way Via Public Act 24-45): Pullman & Comley

Just Around the Corner: Reminder and Update on the New School Climate Improvement Plan (and Some Help Is on the Way Via Public Act 24-45) Last year, the Connecticut General Assembly passed significant revisions to the school climate and bullying requirements, via Public Act 23-167 as we explored at length in a prior posting.  As…

Read More “Just Around the Corner: Reminder and Update on the New School Climate Improvement Plan (and Some Help Is on the Way Via Public Act 24-45): Pullman & Comley” »

Education Law

N.J. Supreme Court Rules Student with State-Issued Diploma Entitled to Programming Under the IDEA

Posted on September 9, 2024 By rehan.rafique No Comments on N.J. Supreme Court Rules Student with State-Issued Diploma Entitled to Programming Under the IDEA
N.J. Supreme Court Rules Student with State-Issued Diploma Entitled to Programming Under the IDEA

By: Victoria M. Adeleke, Law ClerkEdited by: Sanmathi (Sanu) Dev, Esq. On August 7, 2024, the New Jersey Supreme Court ruled that a student who was granted a state issued diploma (GED) was allowed to re-enroll at his public high school and was still entitled to access a free appropriate public education (“FAPE”) under the…

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Education Law

Court Grants Stay in Civil Case to Allow for Completion of Criminal Case

Posted on September 9, 2024 By rehan.rafique No Comments on Court Grants Stay in Civil Case to Allow for Completion of Criminal Case
Court Grants Stay in Civil Case to Allow for Completion of Criminal Case

In the case of Doe v. Board of Educ. of Milton-Union Exempted Vill. Sch. Dist., a district court held that when deciding whether to grant a motion to stay for a civil proceeding pending the resolution of a related criminal case, the district court should consider seven factors: (1) how much the issues in the…

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Education Law

3 Steps To Understanding Stay-Put

Posted on September 9, 2024 By rehan.rafique No Comments on 3 Steps To Understanding Stay-Put
3 Steps To Understanding Stay-Put

When used correctly, stay-put provides a powerful and important protection for families who have children with disabilities. In short, stay-put prevents unilateral action by a school district when parents object to a change in their child’s educational program or placement. The protection ensures consistency in a student’s program during a dispute – which is critical…

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Education Law

KGK Special Ed Law Blog: Manifestation Determination Reviews (MDRs)

Posted on September 9, 2024 By rehan.rafique No Comments on KGK Special Ed Law Blog: Manifestation Determination Reviews (MDRs)
KGK Special Ed Law Blog: Manifestation Determination Reviews (MDRs)

The IDEA protects students with disabilities in disciplinary proceedings that may result in long term suspension or expulsion. Suspension over 10 days in a school year requires a Manifestation Determination Review (MDR) (see below). A student with a disability (with an IEP) may be suspended for up to 10 school days in a school year…

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Education Law

Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX Regulations

Posted on September 9, 2024 By rehan.rafique No Comments on Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX Regulations
Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX Regulations

Last Updated: August 20, 2024. On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people from being excluded, denied benefits, or subject to discrimination under any education program or activity…

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Education Law

CIF Denial of Sports Eligibility: Which Denials Are Appealable?

Posted on September 9, 2024 By rehan.rafique No Comments on CIF Denial of Sports Eligibility: Which Denials Are Appealable?
CIF Denial of Sports Eligibility: Which Denials Are Appealable?

By Michelle Ball, California Education Attorney for Students since 1995 CIF, the California Interscholastic Federation, which governs all high school sports in California, is often mystical, and its rules are completely confusing. When a student is denied the right to play sports for some reason, the immediate instinct is to file an appeal to CIF…

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Education Law

Atkinson, Andelson, Loya, Ruud & Romo

Posted on September 9, 2024 By rehan.rafique No Comments on Atkinson, Andelson, Loya, Ruud & Romo
Atkinson, Andelson, Loya, Ruud & Romo

To defend against a claim of unconstitutionality, the government must show that “probable cause” exists to justify a proper search and seizure. While probable cause is the typical standard under the Fourth Amendment, courts have recognized that certain environments may necessitate a lower standard when a legitimate public interest outweighs an individual’s right to privacy….

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Education Law

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