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

October 1998

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

January 1998

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

February 2001

 

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

April 1999

 

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

April 1994

 

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

May 2004

 

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

July 2003

OCR Rules No Section 504 Violation When Adult-Aged Student Refuses to Attend School if District Met FAPE and Child Find Obligations

July 2003

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

December 2000

July 2001

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

Return to the TOP

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

October 2002

November 2002

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

Return to the TOP

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