Truancy as a Potential "Child Find" Trigger
Both the IDEA and Section 504 place an affirmative duty on school districts to locate, evaluate and identify children who may be in need of special education or a Section 504 Plan.
Extended School Year and its Intersection with the Least Restrictive Environment Mandate
Does the IDEA’s Least Restrictive Environment mandate apply to Extended School Year programming just as it does to programming provided during the regular school term?
School Volunteers Must be Cleared
Act 153, which became effective December 31, 2014, requires volunteers in schools who have contact with children to obtain a number of clearances.
Text Messages on Private Cell Phones are Likely Subject to Right to Know Requests
Is data stored on an employee's personal device subject to a Right to Know request?
Employee's Temporary, Non-Chronic Impairment Does Not Meet ADA Definition of “Disabled."
Sweet Stevens Katz & Williams was recently successful in dismissing a claim under the Americans with Disabilities Act in federal court based on the argument that the former employee of a school district did not present sufficient evidence that she had a disability.
Second Strikes are Avoidable
Does a teachers' union truly have a guaranteed right to employ two strikes per school year?
The Status of the IDEA's Two-Year Statute of Limitations: Does 2 Really Mean 4?
The IDEA was revised in 2004 to include an explicit statute of limitations period for complaining parties to initiate due process complaints, however, arguments have been accepted by some courts that two years really means four years.
What are School Districts’ Obligations to English Language Learners?
On January 7, 2015, the Office for Civil Rights (OCR) and the Department of Justice (DOJ) issued joint guidance on public school obligations to English Language Learners (ELL) in the form of a “Dear Colleague" letter.
Can a District Decline to Conduct a Gifted Multidisciplinary Evaluation Under PA's Chapter 16 Regs?
Pennsylvania’s gifted education regulations provide limited conditions under which a district may decline to conduct a gifted multidisciplinary evaluation of a student whom parents or teachers suspect to be gifted and not receiving an appropriate education.
College Courses and Transition Planning
Although college courses exceed the scope of state and local curricular standards, the experience can be a bona fide part of an IEP...