1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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.

8. 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

9. Questions?

10. Ryan L. Everhart, Esq.
(716)
Andrew J. Freedman, Esq. (716) Hodgson Russ, LLP The Guaranty Building 140 Pearl Street Buffalo, New York