Connecticut Education Law Blog

Connecticut Education Law Blog

Tag Archives: IDEA

Updated Federal Regulations: Rosa’s Law Changes Section 504 and IDEA References from “Mental Retardation” to “Intellectual Disability”

Posted in Individuals with Disabilities Education Act (IDEA)
Beginning August 10, 2017, the regulations implementing Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 34 C.F.R. Part 104, and the Individuals with Disabilities Education Act (“the IDEA”), 34 C.F.R. Part 300, will be revised to change references to “mental retardation” to “intellectual disability.”  The revisions are being made pursuant to Public Law… Continue Reading

U.S. Supreme Court: Exhaustion of administrative remedies under the IDEA not required for disability discrimination claim if claim does not involve denial of FAPE

Posted in Americans with Disabilities Act
The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities access to a free appropriate public education (FAPE) and establishes a formal administrative framework within which disputes concerning the denial of FAPE are addressed. In addition, other federal statutes, such as the Title II of the Americans with Disabilities Act (ADA) and § 504… Continue Reading

New Standard Proposed by EDNY for IEP’s of Bullied Special Needs Students

Posted in Special Education, Student Matters
In a decision issued July 24, 2014, Senior United States District Court Judge Jack Weinstein has authored an opinion proposing a new standard for evaluating whether the IEP of a special education student who has experienced bullying provides that student with a free appropriate public education (FAPE).  In T.K. v. New York City Dept. of… Continue Reading

Doctor’s Claim of Student Disability Due to Mold Allergy Rejected

Posted in Special Education
In a decision released Monday by the State of Connecticut Department of Education, Case No. 09-552, a hearing officer found a student with asthma and allergies triggered by various environmental allergens, including mold and pollen, was not eligible for special education services under the category of Other Health Impaired (OHI).  The student, a senior in… Continue Reading

CT DOE Circulates Draft Revised Special Education Regulations

Posted in Special Education
In June 2007, the CT DOE started the process of revising the state special education regulations, and circulated its proposals for public comment.  Based on the responses, the Department decided to revise its proposal and restart the review process.  A new draft has emerged, dated February 3, 2010.  According to the accompanying memorandum from Commissioner… Continue Reading

Forest Grove Case Drops Other Shoe

Posted in Special Education
In a decision filed December 8, 2009, the United States District Court for the District of Oregon issued a ruling in the case that went all the way to the United States Supreme Court and back on the issue of whether a school district could be liable for tuition reimbursement to a private school in… Continue Reading

Second Circuit Decision: Failure to Name Specific School Not a Procedural Violation for IEP

Posted in Special Education
In a new decision issued October 9, 2009, T.Y. v. New York City Dept. of Education, 109 LRP 63646 (2d Cir. 2009), the Second Circuit Court of Appeals has ruled that it is not a procedural violation of the Individuals with Disabilities Education Act (IDEA) for the IEP not to name a specific school that is recommended for… Continue Reading
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