OP News Subject INDEX
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The index below is organized alphabetically by subject.
To access an article of interest to you, click on the date in the ISSUE column.*
*Note: our earliest issues (from Fall 1987-Spring 1993) are not accessible via this Webpage.
If you need a previous edition, please contact us via email at admin@spedlaw.com
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|
ACADEMIES |
ISSUE |
| Legislature Creates Michigan Virtual High School | July 2000 |
|
ABSENCES |
ISSUE |
| District Ordered to Provide Services for Student with Excessive Absences | April 1994 |
| ABUSE | ISSUE |
| Court of Appeals Rules Cooperating School Officials Immune from Liability in Investigation, Even Though Investigation Violated Law | November 2001 |
| Filing Mandatory Report of Suspected Abuse NOT Retaliation, OCR Rules | June 2004 |
| Physical and Emotional Abuse Suit | March 1993 |
| Student-Student Sexual Contact Not Reportable Child Abuse, Court of Appeals Rules | September 2004 |
|
ABUSE OF PROCESS |
ISSUE |
| Bad Parental Attitude May "Poison" a Placement Otherwise Appropriate | September 1991 |
| Does Child Abuse Include Educational Abuse? | September 1989 |
| Educational Abuse Update | December 1989 |
| More Decisions Address Situations Involving Uncooperative Parents | October 1987 |
| Parent Reuses Reevaluation: Case Dismissed | December 1987 |
| Tips on Dealing with Litigious Parents | October 1989 |
|
ACCOMMODATIONS |
ISSUE |
| Access Board Issues Final Accessibility Guidelines for Play Areas | October 2000 |
| Supreme Court Stresses Importance of Individualized Modifications Under ADA | June 2001 |
| USDOE & MDE Guidance on High Stakes Testing and MEAP Accommodations | September 2000 |
| ADA (Americans with Disabilities Act) | ISSUE |
| 4th Circuit Ruling Expands Potential for Liability Under ADA | December 1999 |
| 6th Circuit Adopts Balancing Test in §504/ADA Cases w/ Public Health Threat | July 2000 |
| 12th National Institute | January 1991 |
| 13th National Institute | February 1992 |
| OCR Score on ADA: 5O4, More or Less | April 1993 |
| Pennsylvania Court Rules H.S. Athletic Association Age-19 Rule Violates ADA | July 2001 |
| U.S. Supreme Court Interprets ADA's Definition of a Disability | January 2002 |
| U.S. Supreme Court Interprets "Disability" Qualification Req'ts. Under the ADA | August 1999 |
| U.S. Supreme Court Nixes Punitive Damages Awards in §504, ADA Cases | June 2002 |
| U.S. Supreme Court Stresses Importance of Individualized Modifications Under ADA | June 2001 |
|
ADD / ADHD |
ISSUE |
| 13th National Institute | February 1992 |
| ADD Alone Does Not Establish LD Eligibility | January 1990 |
| OSEP/OSERS Rulings on Identification and Evaluation | March 1993 |
| OSERS Issues Guidance on Medical Diagnosis and Treatment of ADD/ADHD | June 2001 |
| Q&A-District obligation to Evaluate | July 1993 |
| AIDES | ISSUE |
| Substitute Aides are Required |
October 1991 |
| APPEALS | ISSUE |
| MI Fed. District Court Finds Failure to Seek State Review w/in 25 Days Bars Appeal | December 2000 |
| ASSESSMENTS | ISSUE |
| Failure to Timely Assess Results in a Denial of FAPE | |
| FBAs: Emphasizing Function Over Form | February 2000 |
| IDEA '97 Assessment Plan Provides Districts With New Opportunities | September 1997 |
| NCLB: State Assessment Requirements | September 2002 |
| NCLB: Will Require Assessment of All Students in Grades 3-8 | January 2002 |
| OSEP Clarifies Participation of Students with Disabilities | August 2001 |
| USDOE Issues Guidance on Assessment Participants | |
| USDOE & MDE Guidance on High Stakes Testing and MEAP Accommodations | September2000 |
| ASSISTIVE TECHNOLOGY | ISSUE |
| 12th National Institute | January 1991 |
| Crashworthiness of Wheelchairs to be Addressed | December 1991 |
| District May be Required to Provide Oxygen Cart and Monitoring Equipment | December 2003 |
| Local Hearing Officer Rules SIBIS Legal | December 1989 |
| OCR and a Federal District Court Address Assistive Technology | May 1999 |
| STAIR TRAC Held Violative of §504 | October 1989 |
| ATHLETICS | ISSUE |
| U.S. Supreme Court Declares Athletic Association a State Actor When Enforcing Rules Against a Member |
| ATTORNEY'S FEES | ISSUE |
| 9th Circuit Awards Attorney Fees for Complaint Procedure | October 2000 |
| 60 Day Statute of Limitations Applies to Attorney Fee Actions | April 2003 |
| Allowed Prior to Hearing Request, Hours Reduced | April 1995 |
| Attorney Fees Awarded After Settlement at Pre-hearing Conference. | December 1993 |
| Awarded in SIBIS case | January 1994 |
| Court Awards Attorney Fees in Mediation | June 1993 |
| Courts Split on Fees for Parent Winning at Hearing | Oct-Nov 1989 |
| Denied When Parents Don't Prevail | October 2003 |
| Denied in Oberti Case Untimely | December1995 |
| Denied Where Parent Denied District Opportunity To Respond | January 1996 |
| Federal District Court Rules That Parents Who Successfully File Administrative Complaints May Not Recover Attorney Fees | June 1999 |
| For Protection and Advocacy | September 1988 |
| Interesting New Rulings | January 1990 |
| Not Recoverable for IEP Meeting | May 1995 |
| More Parents Being Denied Attorney's Fees | January 1992 |
| No Attorney's Fees Under MI Mandatory Special Education Act (MMSEA) | November 2002 |
| No Legal Fees for Lay Advocates | February 1990 |
| Parents, District Criticized for Pursuing Litigation Disguised as Attorney Fee Dispute | July 2004 |
| Recoverable Only on Certain Settlements | February 1990 |
| School District Awarded Costs and Attorney Fees | June 1997 |
| Some Potential Cost-Saving Tips | September 1987 |
| Update on Three Recent Cases | November 1988 |
| U.S. Supreme Court Limits Right to Recover Attorney's Fees | September 2001 |
| When No Hearing Is Held | November 1988 |
| AUXILIARY SERVICES | ISSUE |
| Attorney General Issues Opinion on Scope of Auxiliary Services |
| AVERSIVES | ISSUE |
| Physical and Emotional Abuse | March 1994 |
| U.S. Supreme Court Rules Districts May be Liable for Student-on-Student Harassment | May 1999 |
|
BARGAINING |
ISSUE |
|
District Cannot Bargain Away Responsibility to Provide FAPE |
|
BEHAVIOR INTERVENTION PLANS (BIPS) |
ISSUE |
| Districts Don't Necessarily Have to Develop BIPs for Students Suspended 10+ Days/Year | June 2001 |
| OSEP Offers Clarification Letter on FBAPs, BIPs, and MDRs | September 2001 |
|
CHANGE IN PLACEMENT |
ISSUE |
| Connecticut Hearing Officer Determines 32 Days of Suspension doesn't Constitute CIP | December 2002 |
| District May Institute CIP for Same Amt. of Time as Nondisabled peers (up to 45 Days) | March 2004 |
| Federal District Court Finds 26 Days of Suspension in a Semester Not Automatically a Pattern of Removal | October 2002 |
|
Pennsylvania Court Rules School Calling Police, Subsequent Student Arrest not a CIP |
|
CHILD FIND |
ISSUE |
| 6th Circuit Does Not Require Individualized Notice to Parents of Private School Student | May 2001 |
| District Must Accept Referrals of Students Who Have Been Homeschooled, Out of School for a Long Period of Time | March 2002 |
| Districts Should Practice Safe Discipline Under §504, IDEA for Not-Yet-Eligible Students | May 2002 |
|
District Should Review Child Find Obligations Under §504; Different From IDEA |
|
| OCR Rules No Section 504 Violation When Adult-Aged Student Refuses to Attend School if District Met FAPE and Child Find Obligations | |
| Pre-Referral Process | January 2002 |
| COMMUNICABLE DISEASE | ISSUE |
| 6th Circuit Adopts Balancing Test in §504, ADA Cases When Public Health Threat | July 2000 |
| AIDS & LRE | October 1988 |
| AIDS: Potpourri of New Developments | September 1989 |
| AIDS Update | January 1988 |
| Districts May Exclude Students w/ Communicable Diseases, but Proceed Cautiously! | August 2004 |
| Interesting Relief Granted In Hepatitis B Case | October 1989 |
| Significant AIDS Decision Issued | November 1987 |
| Students with AIDS Are Not Automatically "Handicapped" Under EHA | December 1987 |
| COMPENSATORY EDUCATION | ISSUE |
| Compensatory Education Not Always Appropriate Remedy, Tenth Circuit Rules | January 2000 |
| Determining Appropriate Relief: Michigan SRO Finds It a Balancing Act | April 2002 |
| District Must Offer 177 Hours for Improper Decertification and Prior IEP Errors | September 2001 |
| Failure to Asses Results in Compensatory Education | October 1998 |
| MDE Issues Guidance to ISD Complaint Investigators on Compensatory Education | August 2001 |
|
OSEP: Graduation Does Not Necessarily Bar Compensatory Education |
|
| To Make Private Placement at Public Expense, Parents Must Give Notice of Intent to Move Child, Allow District Opportunity to Address Concerns | April 2004 |
| To Seek Reimbursement, Parents Must Show Private Placement Provided Element of Special Ed. the Public School Did not Provide | April 2004 |
| COMPLAINTS | ISSUE |
| 9th Circuit Awards Attorney Fees for Complaint Procedure | October 2000 |
| 9th Circuit Requires Parents to Use Complaint Process to Enforce Compliance with Prior Hearing Decision | November 2000 |
| Districts Can Request That Complaints Be Dismissed | September 1987 |
| Districts Wise to Consult Attorneys Before Making Statements to Complaint Investigators | March 2004 |
| Fed. Court Rules District's IEP Exceptional and Provided FAPE; Denied Parent's Claim for Private School Reimbursement | July 2004 |
| MDE Issues Guidance to ISD Complaint Investigators on Compensatory Education | August 2001 |
| Michigan Federal Court Upholds an IEP, Rules that Complaint Issues were Properly Excluded from Due Process Hearing | February 2001 |
| M P&A Sues MDE Over Complaint Process | June 2001 |
| OCR Dismisses Complaint on Finding No Evidence Student was Person w/ a Disability | May 2002 |
| OCR: New Complaint Procedures | June 1994 |
| OSEP Issues Guidance on State Complaint Resolution Procedures | July 2001 |
| State Complaint Appeals Process Can't Limit Parents' Right to Due Process | March 2004 |
| CONFERENCES | ISSUE |
| 12th National Institute (Inclusion, §504, ADA & Assistive Technology | January 1991 |
| 13th National Institute (Transition) | January 1992 |
| 13th National Institute (OCR on ADD, §504 and the ADA) | February 1992 |
| Tragedy at Columbine Highlights CASE Conference | October 1999 |
| CONFIDENTIALITY | ISSUE |
| AIDS: Potpourri of New Developments | September 1989 |
| Court Denies Criminal Defendant Access to Records | February 1991 |
| Confidentiality Clause Does Not Extend to Severance Agreements | January 2003 |
| District Court Upholds Decertification Ruling (Waiver of Privilege) | June 1993 |
| FERPA-Friendly Records: Avoiding Potential Pitfalls | August 2004 |
| New Family Rights and Private Regulations | January 1988 |
| New Family Rights and Privacy Regulations Continued | February 1988 |
| Press Banned From District's Hearing to Get Honig Injunction | October 1990 |
| Right of Privacy Suit Upheld | March 1993 |
| Student Name, Address, Phone Numbers, Etc.: Not Directory Info Unless District Follows Process and Designates Specific Items as Such | September 2004 |
| Student Records: Destruction, Disclosure & Copies | February 1989 |
| Student Records: FERPA Revisited | November 1987 |
| CONSULTANT | ISSUE |
| Does Your District Have a Consulting Physician? | March 1993 |
| Hearing Officer Orders District to Hire Consultant | February 1993 |
| Looking for a Consultant | September 1991 |
| We Need Your Help! | February 1991 |
| CORPORAL PUNISHMENT | ISSUE |
| Physical and Emotional Abuse Suit | March 1993 |
| U.S. Supreme Court Rules Districts May be Liable for Student-on-Student Harassment | May 1999 |
| CURRICULUM | ISSUE |
| Failure to Provide Full Curriculum | January 2003 |
| DAMAGES | ISSUE |
| 8th Circuit Addresses the Issue of Damages | March 1997 |
| Teacher Recovers for Injuries Inflicted By Student | April 1995 |
| 3rd Circuit Court of Appeals Rules $ Damages Available Under IDEA for FAPE Denial | February 1996 |
| U.S. Supreme Court Nixes Punitive Damages Awards in §504 and ADA Cases | June 2002 |
| DISCIPLINE | ISSUE |
| 6th Circuit Rules that FERPA Applies to Student Discipline Records | August 2002 |
| 7th Circuit Rules District Knew (Or Should have Known) Student Disabled for "Stay Put" Pending Expulsion | December 1996 |
| Another District Implements Honig | October 1988 |
| Be Cautious When Developing BIPs Where Student is Subject to General Code of Conduct if Behavior is a Result of Disability | December 2003 |
| Behavior Problems at Home Don't Justify School-Funded Residential Placement | May 2003 |
| Both Congress and State Pass Gun Laws | August 1994 |
| Calculation of Ten Days Clarified | December 1987 |
| Connecticut Hearing Officer Determines 32 Days of Suspension doesn't Constitute CIP | December 2002 |
| Congress Considers Change in IDEA Discipline Provisions | September 1999 |
| Counting Partial Suspension Days | December 1999 |
| Court Rules In Honig | December 1987 |
| Hearing Officer Orders Interim Placement for 8-Year Old Dangerous Student | July 1999 |
| Discipline for Weapons No Different | February 1994 |
| Discipline Under IDEA-97: How to do it Right; How to do it Wrong | January 1998 |
| District Implements Honig | September 1988 |
| District May Institute a CIP for Same Amount of Time as Nondisabled Students for Up to 45 Days | March 2004 |
| District May Omit Student Name from Board Mtg. Minutes in Expulsion/Disciplinary Proceedings | July 2004 |
| District May Still Request a Honig Injunction without First Exhausting the Expedited Hearing Process, an Alabama Federal Court Rules | June 1998 |
| District Not Liable for Student Assault on Another Student | January 1994 |
|
Districts NOT Required to Notify Parents and Conduct MDR Prior to Reporting a Crime to Authorities |
|
| Districts Should Practice Safe Discipline Under §504, IDEA for Not-Yet-Eligible Students | May 2002 |
| Implementing IDEA-97--The "Dangerousness" Exception | January 1999 |
| Expulsion for Alcohol Offenses held Not Discriminatory by OCR | February 1994 |
| Federal Court Dismisses Section 504 Claim, Finding No Bad Faith | July 2000 |
| Federal District Court Finds 26 Days of Suspension in a Semester Not Automatically a Pattern of Removal | October 2002 |
| If IEPT Suspects a Disability, Should Adjourn and Reconvene After Evaluation | November 2003 |
| IEPT Must Consider ALL Relevant Info at MDR, Not Just Disability Label | November 2003 |
| Implementing Expedited Hearing | September 1999 |
| Implementing IDEA-97: Referral to Law Enforcement | October 1998 |
| Important New Developments (OCR rulings and Injunction Suit) | October 1989 |
| Legislature Enacts Three New Discipline Statutes | September 1999 |
| Legislature Finally Amends Discipline Statutes | July 2000 |
| Marijuana Possession Related to Handicap | December 1989 |
| Michigan Revised School Code's Verbal Assault Statute Ruled Unconstitutional | September 2003 |
| New Developments (OCR rulings and cause/effect decision) | February 1990 |
| No Notice Required to Parents Prior to Seeking Honig Injunction | March 1996 |
| OSEP Issues Clarification Letter on FBAPs, BIPs, and MDRs | September 2001 |
| OSEP Releases Series of Letters Discussing Discipline Issues | September 1999 |
| OSERS and OSEP Issue Misleading Guide on IDEA Discipline Provisions | January 2001 |
| Pennsylvania Court Rules When Students Engage in Criminal Activity, District Need Not Determine if Behavior is a Result of His/Her Disability | May 2004 |
| Pennsylvania Suspension Regs Pass OCR Muster | November 1989 |
| Post-Expulsion Special Education Services | Oct-Nov 1991 |
| Press Barred From District's Hearing to Get Honig Injunction | October 1990 |
| Section 504 (in-School suspension) | Oct-Nov 1991 |
| SRO Finds a Not-Yet-Eligible Student Not Immune From Discipline | December 2001 |
| When Parents Refuse SpEd. Services, Child is Treated as a General Education Student in Disciplinary Matters | September 2003 |
| Western District of Michigan Federal Court Rejects Challenge To Use Of Time-Out Box | January 2000 |
| Update on Amendments to Discipline Provisions | November 1999 |
| DTT (Discrete Trial Training) | ISSUE |
| 6th Circuit Rejects Request for Intensive Discrete Trial Training | August 1999 |
| For Third Time, The Sixth Circuit Rejects A Request For Discrete Trial Training | April 2000 |
| DO NOT RESUSCITATE | ISSUE |
| Attorney General Issues Opinion on Do-Not-Resuscitate Orders | April 1999 |
| District Ordered to Honor DNR Order | April 1999 |
| Letters to the Editor (Hakola Letter) | July 1994 |
| NEA Adopts Position on Inclusion and DNR Orders | July 1994 |
| DRUGS | ISSUE |
| Drug Prevention Not an IDEA Support Service | June 1999 |
| No IAEPs for Prescription Drug Distribution, Sales, Use | January 2003 |
| DYSLEXIA | ISSUE |
| Not Every Student with Dyslexia Is IDEA-Eligible, a Federal Court Rules | December 2000 |
| EDUCATIONAL MALPRACTICE | ISSUE |
| Michigan Supreme Court Rejects Claim of Educational Malpractice | April 2000 |
| ELIGIBILITY | ISSUE |
| 6th Circuit Rejects Procedural Challenges to IEP Determination of Ineligibility | January 2003 |
| 11th Circuit Rules Impairment Must Adversely Affect Educational Performance for Student to be Eligible for Special Education | August 2004 |
| District Must Offer 177 Hours for Improper Decertification and Prior IEP Errors | September 2001 |
| Eligibility Alone Doesn't Drive Evaluation Review Plan | February 2003 |
| Hearing Officer Upholds IEP Team Decision to Decertify | April 2001 |
| IHO Upholds IEP Team Decision to Decertify | April 2001 |
| Not Every Student with Dyslexia Is IDEA-Eligible, a Federal Court Rules | December 2000 |
| SRO Finds a Not-Yet-Eligible Student Not Immune From Discipline | December 2001 |
| SRO Ruled Student Ineligible for Special Ed. Services as EI if He/She Profits from General Education without Special Ed. Support | November 2001 |
| EVALUATION | ISSUE |
| 7th Circuit Rules District Not Required to Seek Override for Refusal of Consent | December 1999 |
| 9th Circuit Rules IQ Test Not Required for LD Evaluation | June 2002 |
| Appropriate Assessment Emphasized When Evaluating Students for Eligibility | February 2003 |
| Beware: Districts May Refuse Parent Requests for Re-Evaluation Mid-Cycle, But Parent Could Challenge Decision Through Due Process | November 2001 |
| Conduct of Some Evaluations May be Affected by New NCLB Parental Notice Req'ts. | August 2002 |
| District Court Upholds Decertification Ruling | June 1993 |
| Districts Don't Always Have to Conduct Initial Evals. at Parent Request but be Cautious! | April 2002 |
| Districts Have Right to Insist on Own Evaluations | April 2004 |
| District Must Accept Referrals of Students Who Have Been Homeschooled, Out of School for a Long Period of Time | March 2002 |
| Evaluation Review Team Should Determine if Baseline General Curriculum Data Needed to Develop PLEP, Goals, or Objectives | February 2003 |
| Eval. Review Team Should Consider if Student Triggers "Special Consideration" Factors | February 2003 |
| Federal Court Dismisses Section 504 Claim, Finding No Bad Faith | July 2000 |
| Federal Court Rules Districts Must Honor Parental Request for Re-Evaluations | August 2003 |
| Flexibility with Professionals Who Provide MET Information | December 2001 |
| Mental Health Risks to Student Creates an Exception to Reevaluation Requirement | January 1994 |
| Michigan Federal District Court Upholds a School's Right Under Section 504 to Require an Evaluation by Examiners of Its Choosing | January 2001 |
| No Unfettered Right to Reevaluation | July 1993 |
| OSEP Clarifies Recommendations for Which District is Responsible | January 1993 |
| OSEP/OSERS Rulings on Identification and Evaluation | March 1993 |
| Parent Refuses Reevaluation: Case Dismissed | December 1987 |
| Proper Evaluation May Include Student's Emotional and Behavioral Functioning | February 2003 |
| Purpose is to Determine Eligibility for Services; Districts May Refuse Those Requested by Parents to Determine College Accommodations | October 2003 |
| Q&A-District obligation to Evaluate | July 1993 |
| Section 504 (referral to juvenile authority) | Oct-Nov 1991 |
| EXTENDED SCHOOL YEAR | ISSUE |
| 4th Circuit Adopts Regression / Recoupment Standard for ESY Claims | October 2002 |
| 6th Circuit Reaffirms Regression/Recoupment Standard for ESY Services | September 2004 |
| 6th Circuit Tackles Standard for ESY | December 1990 |
| ESY for El | December 1987 |
| District Summer Program May be Component of FAPE if IEPT Determines ESY Need | May 2004 |
| District Not Liable for Costs When Procedural Violation of IDEA Does Not Deny FAPE | March 2003 |
| U.S. Supreme Court Denies Leave In ESY Case | January 1991 |
| FAPE | ISSUE |
| 6th Circuit Refuses to Apply Maximum Potential Standard | May 2000 |
| Delays in Administrative Processing Not a Denial Of | October 2003 |
| District Denies Parent Request for a Specific Paraprofessional; Not a Denial of FAPE | January 2004 |
| District Not Liable for ESY Costs When Proced. Violation of IDEA Doesn't Violate FAPE | March 2003 |
| District's Proposed IEP Provided FAPE in LRE: Parents Not Eligible for Reimbursement | April 2004 |
| Failure to have G.E. Teacher at I.E.P. Not Necessarily a Denial of FAPE | September 2003 |
| Federal Courts of Appeal Hold that Serious Procedural Violations Can Constitute Denial of FAPE | October 2001 |
| Federal District Court Orders Placement At a College to Provide FAPE | January 2000 |
| Hearing Officer Orders Reimbursement for Out-of-State Residential Placement Due to Procedural Violations | March 1999 |
| May Be Denied if BIP Does Not Allow for Modifications to General Code of Conduct for Disability-Related Behaviors | December 2003 |
| Not Denied if Achievement Gap Not Closed | May 2003 |
| OSEP: Graduation Does Not Necessarily Bar Compensatory Education | December 2000 |
| OSEP Concludes That IDEA-97 Does Not Bar Reimbursement for a Private Placement of a Student Who Has Never Attended Public School | October 2000 |
| OCR Rules No Section 504 Violation When Adult-Aged Student Refuses to Attend School if District Met FAPE and Child Find Obligations | July 2003 |
| Segregated Placement Appropriate to Address Severe Behavior Not a Denial of FAPE | August 2003 |
| Untimely F.B.A.P. Results in a Denial of FAPE | October 1998 |
| FERPA | ISSUE |
| 6th Circuit Rules that FERPA Applies to Student Discipline Records | August 2002 |
| Applies to ALL Educational Records Maintained by a District | December 2001 |
| Attorney General Issues Opinion on Disclosure of Records Under Statewide School Safety Information | August 2000 |
| Court Gives Failing Grades to Grading Practice | August 2000 |
| District May Omit Student Name from Board Mtg. Minutes in Expulsion/Disciplinary Proceedings | July 2004 |
| Districts Must Provide Student Contact Information to Military Recruiters | December 2002 |
| Disclosure of Info to Authorities May be Warranted if Imminent Danger or to Avert or Diffuse Unusual or Serious Condition | March 2003 |
| Districts Not Generally Req'd. to Provide Copies of Educational Records Under FERPA | April 2004 |
| Does Not Require Disclosure of Videotaped Classroom Activity | June 2002 |
| Districts May be Found in Violation of FERPA Even if Educational Record Disclosure is Not Authorized (i.e. stolen) | October 2001 |
| District Must Follow Guidelines When Students Are Arrested | May 2004 |
| Family Policy Compliance Office Provides FERPA Clarifications | November 2000 |
| FERPA-Friendly Records: Avoiding Potential Pitfalls | August 2004 |
| FPCO Rules Districts Must Provide Copies of Educational Records if Parents Live 50+ Miles From School/Other Circumstances Prevent them from Accessing Child's Records | April 2004 |
| Limits Personally Identifiable Student Info Districts Can Provide to State Agencies | May 2001 |
| OSERS on FERPA | April 2001 |
| Parent Access to Educational Records | December 1999 |
| Parents Can't Use FERPA's Amendment of Records to Challenge FBA, Other Assessment | August 2001 |
| Prior Written Consent Required to Disclose Student Information to 3rd Parties in School-to-Work Programs | May 2003 |
| Rights May Survive Student's Death | August 2000 |
| Statewide School Safety Information Policy | October 1999 |
| Step-Parent May Have Rights Under FERPA | June 2001 |
| Student Name, Address, Phone Numbers, Etc.: Not Directory Info Unless District Follows Process and Designates Specific Items as Such | September 2004 |
| Subpoenaed! What Do I Do? (part 2) | April 2000 |
| Test Protocols, Teacher Rating Scales, Other Evaluation Tools Considered Educational Records and May be Accessed by Parents | January 2004 |
| Transmitting SpEd. and Discipline Records to Authorities Must Comply with FERPA | October 2002 |
| U.S. Supr. Court Rules FERPA Doesn't Bar Having Students Grade Each Other's Papers | March 2002 |
| U.S. Supreme Court Rules that Students, Parents Cannot Sue for Violations of FERPA | June 2002 |
| Verbal Disclosure of Information Violates FERPA | March 2000 |
| FOIA | ISSUE |
| OSEP Offers Guidance on Parental Right to Know Teacher Qualifications | November 2002 |
| Business Day Clarification | January 2003 |
| Districts | April 2004 |
| FUNDING | ISSUE |
| Headlee Case Confirms Higher Standard | November 1990 |
| Headlee Decision on Recapture Rendered | October 1992 |
| Medicaid Must Pay In-School Nursing Care | Oct-Nov 1991 |
| Suit | May 1993 |
| FUNCTIONAL BEHAVIORAL ASSESSMENT (FBAP) | ISSUE |
| OSEP Offers Clarification Letter on FBAPs, BIPs, and MDRs | September 2001 |
| GRADUATION | ISSUE |
| Graduate Fails to Meet IEP Goals | December 1988 |
| Graduation: Being Ready for College or Work the Test? | February 2001 |
| OSEP: Graduation Does Not Necessarily Bar Compensatory Education | December 2000 |
| When Can a SpEd. Student can be Denied Participation in Graduation Ceremonies | June 2002 |
| GRADING | ISSUE |
| Court Gives Failing Grades to Grading Practice | August 2000 |