Decisive Parent Win! Timothy O. v. Paso Robles
Coming Soon! Legal Developments & Cases 2017

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In This Issue ...

ISSN: 1538-320
June 5, 2018

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Read previous issues

"Exceptions to the rule" cause the body of law to change and grow!

Unique facts may compel judges to write a decision contrary to current case law. Read for yourself the facts in a case. Do not rely on the opinions and biases of others.

In Wrightslaw 2016 Case of the Year, Timothy O. v. Paso Robles, Ninth Circuit Court of Appeals Judge Reinhardt reverses the District Court decision in a decisive win for the parents.

Cases of the Year are “must reads” for special education attorneys, advocates, and others who are interested in special education law.

In this issue of the Special Ed Advocate you'll meet Luke, a child with autism. The school did not complete a comprehensive evaluation as the law requires, denying Luke a free appropriate public education (FAPE). Read the pro-parent decision.

We hope you will forward this issue to other friends, families, or colleagues.


School's Failure to Evaluate Denies FAPE

The school was aware of a suspected disability from a number of sources and because of this suspicion, was required to evaluate.

The Court held that the school violated the procedural requirement of IDEA, was unable to design an IEP to meet Luke’s needs, and therefore denied FAPE.


This Well Written Decision Describes -

  • statutory and regulatory background of IDEA
  • comprehensive requirements for identification and evaluation of children with disabilities
  • creation of an appropriate IEP
  • significant, meaningful, and collaborative role of the parents in the process
  • the requirements for parent notification, parent rights regarding an IEE, and due process rights

Coming Soon!
Wrightslaw: Legal Developments & Cases 2017

Be in a stronger position to understand the evolution of special education legal issues. Get a clearer sense about unwritten factors affecting case decisions and learn how the law is evolving in your Circuit.

Stay up-to-date on exciting new developments in special education law.

2017 Cases of the Year

M.C. v. Antelope Valley Union School District - the first Court of Appeals decision since the Supreme Court issued the decision in Endrew.

J.S. v. Houston County Bd. Ed. - violations of Section 504 and ADA may have the school board facing a civil Jury Trial.


Special Education Legal Developments and Cases 2017 includes:

  • All decisions in IDEA cases by Courts of Appeals in 2017.
  • Two decisions in special education cases by the U.S. Supreme Court; includes full text of decisions, Syllabi prepared by the Reporter of Decisions for the convenience of the reader; Transcripts of Remarks by the Justices who wrote the decisions.
  • Table of 2017 Special Education Decisions with date, court, description of issues, outcome.
  • Comprehensive description of each 2017 Decision, including prevailing party and counsel.

The search feature in Wrightslaw: Special Education Legal Developments and Cases 2017 will make it easy for you to find relevant information about issues and cases.

Cases in the Table of Special Education Decisions are hyperlinked to Case Descriptions / Summaries.


Coming soon to the Wrightslaw Store!

Immediate download $14.95.

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Wrightslaw: Special Education Legal Developments and Cases 2016, by Pam and Pete Wright
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