By Ryan L. Everhart on Posted in Student Issues
One of the most significant safeguards that parents of students with disabilities have under the Individuals with Disabilities Education Act (IDEA) is the right to an independent educational evaluation (IEE). In essence, this allows parents to obtain a second opinion regarding a school district evaluation that they do not agree with or feel is inaccurate.… Continue Reading
By Ryan L. Everhart on Posted in Student Issues
The U.S. Department of Education Office of Civil Rights (OCR) recently issued guidance regarding how schools should address situations where a student with a disability is unvaccinated. This guidance recognizes that there are certain medical conditions where a disabled student should not get vaccinated, such as HIV/AIDS, Leukemia, or certain types of cancers. OCR states… Continue Reading
By Ryan L. Everhart on Posted in Student Issues
On November 12, , the U.S. Department of Education’s Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS), and the U.S. Department of Justice distributed a joint Dear Colleague Letter (DCL) regarding schools’ responsibilities to ensure that students with hearing, vision, or speech impairments have sufficient communication modalities. This guidance… Continue Reading
By Ryan L. Everhart on Posted in Student Issues
One of the most important due process protections afforded to disabled students under the Individuals With Disabilities Education Act (IDEA) is the principle of “stay-put” or “pendency” placement. This provision prohibits school districts from changing a disabled student’s placement while there is a pending litigation. In essence, it requires the student’s placement to remain static… Continue Reading
By Ryan L. Everhart and Jeffrey B. Same on Posted in Student Issues
On February 10, , the New York State Board of Regents released a memorandum detailing its decision to submit an Elementary and Secondary Education Act (ESEA) waiver renewal request. The waiver request contains a number of proposed amendments that, if approved, would have a significant effect on current state testing procedures for students with severe… Continue Reading
By Ryan L. Everhart on Posted in Student Issues
On January 25, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) issued an important “Dear Colleague” letter. The letter was intended to clarify school districts’ legal obligations to provide students with disabilities equal access to extracurricular athletic activities. In essence, OCR stated that disabled students have the right to equal opportunities to… Continue Reading
