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Category: Education Law
The FAPE Page - November 30, 2008
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 the New York Sun.
The FAPE Page - November 30, 2008
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 awarding attorneys' fees is to create an incentive to hire independent counsel.The decision in
The FAPE Page - November 30, 2008
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 parent, the distirict court held that he did not have standing to bring the action. The Second Circuit held ...
The FAPE Page - December 12, 2007
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 children with disabilities whose parents say they are ill-served by the public schools." The article ...
The FAPE Page - October 10, 2007
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 public school before the the school district has to recompense him for the cos
The FAPE Page - October 02, 2007
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. The plaintiff in Coleman v. Newburgh Enlarged City School District had the award
The FAPE Page - October 02, 2007
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 invo
The FAPE Page - June 04, 2007
The FAPE Page - June 04, 2007
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. Arlington Central School District can be found
The FAPE Page - June 04, 2007
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 under the Individuals with Disabilities Education Act, or rather, they could appea
The FAPE Page - June 04, 2007
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
The FAPE Page - May 31, 2007
Just received the following info from Linda Morin-Pasco and thought I'd pass it on to my readers: 14th Annual Educational Law Conference July 24 July 27, 2007 Portland, ME July 27, 2007 offers 7.0 CLE credits, including 1.0 Ethics Credit.Please click
The FAPE Page - May 14, 2007
An interesting question of federal jurisdiction arose in a recent Second Circuit case. A student's IEP provided that the student was entitled to a 1:1 paraprofessional, but only at the public school. The student attended a parochial school, and the parents asked for a due process hearing, seeking ...
UnivAtty - April 20, 2007
No hanging chad in this school election, but Becky Ellinsgsworth has sued the University of Kentucky for failing to follow its regulations when it declared Will Nash the winner in this Spring's student government elections. Apparently Becky appealed to the student government's Supreme Court and ...
UnivAtty - April 20, 2007
Christopher Phiillips was convicted by federal jury of stealing thousands of names and Social Security numbers from a University of Texas database and could face a maximum of six years in prison when sentenced.
"I'm sorry to my parents, the University of Texas, and all these people," M
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