1. Legislation Review
IDEA
ADA
Section 504

2. IDEA
Section 504
ADA
Type of Legislation
Funding act
Civil rights act
Same as 504 Civil Rights Act
Original Passage
1975
1978
1990
Coverage
Students Pre-K-12
Students K- post sec.
+ employees
+ facilities
Same as section 504
FAPE
Special education
+ related services
Special or regular ed
Same as Section 504
Administering
Agency
OSEP
Federal Office of Special Education Programs
SEA
Local School Educational Ageancy
OCR
Office of Civil Rights
EEOC
Equal Employment Opportunity Comission
Eligibility Definition
Essential elements:
related service or specialized
instruction
Essential elements
1. Impairment
Major life activity
substantial

3. Case Law Decisions Section 505/ADA Issues IDEA: Identification
FAPE in the LRE
Appropriate Education
Discipline
Related Services
Financial Issues
Attorneys Fees
Remedies
Tuition Reimbursement
Compensetory Education

4. S Nguyen v. Dist. of Columbia, 681 F. Supp. 2d 49,54 IDELR 18 (D. D. C
S Nguyen v. Dist. of Columbia, 681 F. Supp. 2d 49,54 IDELR 18 (D.D.C. 2010) upheld district's determination that child was not eligible as either ED or SLD, with poor achievement likely attributable to attendance (and drug) problems.
S Richard S. v. Wissahickon Sch. Dist., 334 F. App'x 508, 52 IDELR 245 (3d Cir. 2009) held that district did not violate its child find obligations during student's 7th and 8th grade years and that subsequent IEPs met Rowley's substantive standard in light of parents' continued resistance and refusals

5. (Reminder: discuss Boston’s restricting)
p Springfield Sch. Comm. V. DOE 623 F. Supp.2d 150, 53 IDELR 158 D. Mass. 2009) ruled that districts have a duty in certain relatively narrow circumstances to revise IEP in the face of chronic absenteeism
s T.Y. v. New York City Dep’t of Educ. 584 F.3d 412, 53IDELR 69 (2d Cir. 2009)ruled that IEP requirement to specify "location" refers to type of appropriate environment, not specific school site, thus not constituting a violation of FAPE.
(Reminder: discuss Boston’s restricting)
Boston:2011: Spent 80 million on Transportation-proposed redistricting to save 10 million
3 zones were set up – enrollment based on the zone that you lived. There were zones. You could choose the school you wanted but had to rank your choices and they were randomlly assigned 1-3. Parents generally chose within a 3 mile radius of their homes. Example: East Boston zon1 1 – has 11 schools and few choices – especialy in MS – prolematic
Segragation is like a scab – it never healed. Schools had an excess of 7,000seats due to dropping enrollment. Edison had room for 800 studnets but they had 340 enrolled. Hamilton, Gardener, edison schools were consolidated into a K-8 building. Hernandez is the only bilingual transition scool. In one school – has no science, PE, arts, music, schools had to cut 12%of thir budget – science
If school committe doesn’t approve the budget it still goest to city council. BPS had a 100 million deficit (John Glenn Boston Univeristy)White good schools- exam schools had an endowment, was very active, had the largest school but received the largest amount of money back. Boston Latin – every year mayor menino cam up with a local tax package. If legislature says no it doesn’t happen.

6. S Ashland Sch. Dist. v. Parents of Student R. l. , 588 F
S Ashland Sch. Dist. v. Parents of Student R.l., 588 F.3d 1004,53 IDELR 176 (9th Cir.
2009) held that private residential program was not necessary for the educational needs of teenager with AD/HD and home-related adjustment disorder [tuition reimbursement case]
S K.S. v. Fremont Unified Sch. Dist., 679 F. Supp. 2d 1046,53 IDELR 287 (N.D. Cal. 2009) rejected parents' substantive FAPE challenge to IEP, including their claim that the child need 30 hours per week of ABA therapy, for child with autism who made sl0'Y progress

7. S. Jaccari v. BD. Of Euc. , 690 F. Supp. 2d 687,54 IDELR 53 (N. D. Ill
S. Jaccari v. BD. Of Euc., 690 F. Supp. 2d 687,54 IDELR 53 (N.D. Ill. 2010) rejected parents’ substantive FAPE challenge to IEP fourth grader, concluding that purported regression in standard scores of acheivement testing was commensurate with his limited cognitive abilities and use of Wilson trainer, not certified by the company did not show requisite lack of qualification where the company allowed her to conintue to conduct the training.
S Adrianne D. v. Lakeland Cent. Sch. Dist., 686 F. Supp. 2d 361,54 IDELR 95 (S.D.N.Y. 2010) ruled that progress in reading of sixth grader, although he did not fulfill of 10 goals in reading and 2 of7 in writing, met substantive standard for FAPE [tuition reimbursement case]

8. (P) Kalbfleisch v. Columbia Cmty. Sch. Dist. , 644 F. Supp
(P) Kalbfleisch v. Columbia Cmty. Sch. Dist., 644 F. Supp. 2d 1084,53 IDELR 12 (S.D. Ill. 2009), further proceedings, 53 IDELR,-r 57 (Ill. Cir. Ct. 2009) after federal court rejected removal, state trial court granted preliminary injunction to
child with autism to be accompanied by service dog based on Illinois state law specific to this issue

9. P N. S. v. Dist. of Columbia, _ F. Supp. 2d _,54 IDELR,-r 188 (D. D. C
P N.S. v. Dist. of Columbia, _ F. Supp. 2d _,54 IDELR,-r 188 (D.D.C. 2010) ruled that IEP that lacked specifics (e.g., PELs, specialized instruction, and related services) constituted denial of FAPE [tuition reimbursement case]
S State of Hawaii Dept of Educ., 600F.3.d 1104,54 IDELR !!! (9th Cir. 2010)system-wide layoffs that affect students with disabilities and those without disabilities alike are not changes in educational placement and, thus, are not subject to the IDEA stay-put provision
Similar to hawaii – in 2008 – los angels had 5 billion dollars that city took that was owed to schools to pay police, transporation, etc. Unexpecte budget cuts resulted in the closing of 120 schools, 35 unpaid Furlough days for teacher, elimination of all summer programs (excluding sped) and 80% cuts to Arts budget.