Caselaw Review

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In This Issue ...

ISSN: 1538-320
December 10, 2019

image of Pete Wright presents a Wrightslaw Special Education Law & Advocacy Training Conference2019-2020 Special Education Law & Advocacy Training Schedule

image of gavel, scales of justice and law booksIt is important to read caselaw about legal issues. Caselaw often determines how the law and regulations are applied.

Even adverse decisions from the courts teach valuable lessons. When you read caselaw, you will see why you receive conflicting opinions and advice about a legal issue.

If you read a case and don't understand what it means, don't give up! If you persevere, you and your child will benefit from your hard work.

In this issue of the Special Ed Advocate you will find a sample of decisions on special education legal issues and learn how the courts apply the law and regulations.

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

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Parents Prevail: L.H. v. Hamilton

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.

Judge Batchelder's passionate opinion had much to say about the obliviousness of school staff who refused to develop an IEP that included Luke because they didn’t believe mainstreaming could work.

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Texas Violated Federal Law - Corrective Action Ordered!

USDOE withheld $33.3 million from Texas when the TEA failed to comply with IDEA requirements for state financial support for special ed.

Wrightslaw Case of the Year (2018) - Texas appealed to the Fifth Circuit which denied the petition for review and upheld the USDOE.

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Phyllene W. v. Huntsville City (AL) Bd. of Ed.

Court of Appeals for the Eleventh Circuit reversed the decision of a Hearing Officer and the District Court and ruled in favor of the parent and child.

The Board of Ed violated IDEA, failed to evaluate and to provide FAPE. IDEA's goals were impossible because no meaningful IEP was developed.

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Wrightslaw: Special Education Legal Developments & Cases 2018

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Read more Caselaw in the Wrightslaw Law Library.

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