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When Bullying Factors Into a Claim for Denial of FAPE – By Alison Morris
Bullying is on the rise, and students with disabilities are often victims of bullying. As a result of bullying – and the failure of districts to take affirmative steps to stop or prevent the bullying – students eligible for special education and related services may be denied a free and appropriate public education (FAPE). In order to determine whether the bullying of a student with a disability is grounds for a denial of FAPE claim under the Individuals with Disabilities Education Act (IDEA), three factors must be present:
Repeated Goals on IEPs and Endrew F.- A FAPE Denial or Not by Alison Morris
In Endrew F. v. Douglas County School District RE-1, 137 S. Ct. 988 (2017), the Supreme Court stated “Endrew’s IEPs largely carried over the same basic goals and objectives from one year to the next, indicating that he was failing to make meaningful progress toward his aims.” Id. at 996. This sentence could be grounds to claim that a District simply repeating the same goals year after year is a FAPE denial, and seen as evidence of a District failing to create “an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Id. at 999.
A Day in the Life of A Child With Slow Processing Speed – Understood.org
B&G Opens Michigan Office
Special Education Law Firm Barger & Gaines Opens Michigan Office
Colorado District Rules in Endrew F. Case
On February 12, 2018, the Honorable Lewis T. Babcock, U.S.D.J. issued a decision in the matter of Endrew F. v. Douglas Cty. Sch. Dist. RE 1. As is well-know, the United States Supreme Court ruled on the Endrew F. matter in March 2017 and remanded the case to the 10th Circuit. https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf
The 10th Circuit remanded the cases to the United District Court for the District of Colorado for further proceedings, and Judge Babcock issued a decision in favor of the Petitioners.
Judge Babcock’s decision can be found here: http://c.ymcdn.com/sites/www.copaa.org/
resource/resmgr/docs/2018_Documents/
Endrew2018.02.12.Opinion_and.pdf
In relevant part, Judge Babcock ruled:
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Upcoming Events
June 4, 2019 – A LOOK AHEAD: Preparing for A Happy Fulfilling Future that Starts Now
Robert M. Tudisco, Esq. will present a talk in collaboration with Michael Gilberg, Esq. and the Bedford Central School District SEPTO on June 4, 2019.
Date/Time: June 4, 2019, 7pm – 9pm
Location: Fox Lane High School, 632 S. Bedford Rd, Bedford, NY, Room A112
RSVP: Loriwolk@aol.com