Special Education: A Year in Review Presented by Ryan L. Everhart, Esq. and Andrew J. Freedman, Esq. ECASB - WNY Summer Education Law Conference August 3, 2016

Presentation Summary The Supreme Court considers review of FAPE standards Addressing bullying in the IEP process Handling tension in promoting the least restrictive environment Transporting students with school-phobia New pathways for graduation for students with disabilities Provision of special education services to students enrolled in non-public schools

The Supreme Court Considers FAPE “Some education benefit” v. “Meaningful educational benefit” Endrew F. v. Douglas County School District The Supreme Court invites the Solicitor General to file a brief regarding the proper standard for FAPE requirements

Addressing Bullying in the IEP Process T.K. and S.K. v. New York City Department of Education School districts may impede a parent’s access to FAPE by refusing to discuss bullying of a student with disabilities when the bullying affects the student’s educational performance Techniques for addressing bullying

Tension with the Least Restrictive Environment Pressure from NYSED to include students with disabilities in general education classrooms State review officers should consider not only individualized attention and intervention of a proposed placement, but also whether placement would provide sufficient mainstreaming opportunities At the same time, school districts are finding that students with disabilities are spending more time in general education classrooms and schools may receive increased pressure from parents for individualized services

Transporting Students with School-Phobia Schools may be required to provide door-to-door transportation to students if it is necessary for the child to access his or her education School-phobia refers to the anxiety, or other psychiatric disorder, which causes a genuine fear of school in student Students suffering from school-phobia will often have exceptionally poor attendance or display frequent truancy Even if districts must provide door-to-door transportation, schools will likely not need to physically enter the home to pick up the student

New Pathways for Graduation Career Development and Occupation Studies: Students may now access an alternative, employment-focused pathway for reaching a regular diploma Students must (1) complete all requirements under CDOS, including employment-related experience and technical education; (2) pass Regents assessments in math, English, science, and social studies Local Diplomas: Superintendents may now make determinations allowing a student with a disability to graduate with a local diploma even if the student has not been successful at demonstrating proficiency on required Regents examinations because of his or her disability.

Provision of special education services to students enrolled in non-public schools IEP v. IESP Initiating the process Child Find process Providing special education services Use of federal funds Location of services

Questions?

Ryan L. Everhart, Esq. reverhar@hodgsonruss.com (716) 848-1718 Andrew J. Freedman, Esq. afreedman@hodgsonruss.com (716) 848-1332 Hodgson Russ, LLP The Guaranty Building 140 Pearl Street Buffalo, New York 14202 www.hodgsonruss.com