Spring Special Ed Law Conference Edition - Issue #2

The second of 3 issues devoted to current legal news for special ed directors and other school administrators

Department of Ed Warns That RTI Should Not Be Used To Delay Or Deny Evaluations for Preschool Special Education Services Under The IDEA


 
 

OSEP issues a memo supporting RTI strategies but not at the expense of a delay in evaluating children for special ed services.




Texas Graduate Center


 
 

Rio Grande Valley teachers get help earning Master’s degrees in STEM.




What Kids Really Want from Vacation


 
 

Implementation of ESSA, UDL and Best Practices for Learners with Autism, Intellectual Disabilities and Multiple Disabilities

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More Spring Spec Ed Conference Q&A Continued…


 
 

Questions and resources on PLAAFP and Restorative Discipline.


NEW SCHOOL LAW RULINGS YOU NEED TO KNOW ABOUT

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Was the Student’s DAEP Placement Proper?


  C.C. v. Hurst-Euless-Bedford Independent School District, No. 15-10556 (5th Cir. 2016).
 

The Fifth Circuit finds in a favor of a district who places a student with a disability in DAEP.


The Student’s Disciplinary Problems Did Not Require Specialized Instruction


  M.P. v. Aransas Pass, No. 2:15-CV-233, 2016 WL 632032 (S.D. Tex. 2016).
 

A district court sides with a hearing officer concluding that persuasive evidence of the student’s disability wasn’t shown.


District Denied the Student FAPE; Tuition Reimbursement Warranted


  Student v. Houston ISD, 201-SE-0315 (Hearing Officer Lynn E. Rubinett February 3, 2016).
 

Houston ISD is required to pay for private placement after the IEP for the student is found not to provide the proper support.


The District Denied the Student FAPE; But Private Placement Was Not Appropriate


  Student v. Houston ISD, Dkt. No. 355-SE-0815 (Hearing Officer Brenda Rudd, Feb. 12, 2016).
 

Houston ISD is not required to pay for private placement despite a proposed program the hearing officer determined would not provide FAPE.