In a decision that will likely result in both practical challenges and financial burdens for public school districts, the United States Court of Appeals for the Second Circuit held in T.M. v. Cornwall Central School District that the legal obligation to educate special education students in the least restrictive environment, or “LRE,” is not limited…
Pullman and Comley School Law section attorneys Mark J. Sommaruga and Michael McKeonwill be speaking at a PESI Continuing Education Seminar. They will discuss how to: avoid common procedural mistakes under the IDEA and Section 504, draft IEPs that comply with the law, limit potential liability for both the district and staff members and learn practical tips for compliance with the law. Friday, April 25,…
John Shea
On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of Seclusion and Restraints in School Remains Widespread and Difficult to Remedy: A Review of Ten Cases, the report contains a discussion…
Despite comprising a significant percentage of every school district’s budget, special education costs often are not well understood. Even to those aware of special education mandates, their implementation can appear, in Winston Churchill’s words, to be a mystery wrapped in an enigma. Additionally, federal laws protecting student confidentiality preclude a discussion of specific situations, so…
