Special Education Case Law Update — Week of May 31, 2010

Posted on June 4, 2010

 

Kalliope R. v. New York State Dep’t of Educ., 2010 U.S. Dist. LEXIS 53426 (E.D.N.Y. June 1, 2010)

Court:  U.S. Dist. Court for the Eastern Dist. of New York

Nature of Case:  Parents sued on behalf of four minor children and the special education school the children attend (non-profit private school), seeking a declaratory judgment that the New York State Education Department (NYSED) unlawfully promulgated a policy prohibiting the use of a particular student-teacher ratio. The parents also sought to permanently enjoin NYSED from carrying out this alleged policy.

Nature of Disability:  Unspecified.

Issue:  Whether parents claims should be dismissed for failure to exhaust administrative remedies and whether parents have standing to sue under Section 504 of the Rehabilitation Act.

Holding: The court denied the school district’s motion to dismiss.
S.C. v. Union Twp. Sch. Corp., 2010 U.S. Dist. LEXIS 53562 (N.D. Ind. June 1, 2010)

Court:  U.S. Dist. Court for the Northern Dist. of Indiana

Nature of Case:  Motion to Supplement the Administrative Record with additional evidence.

Nature of Disability:  Unspecified learning disability

Issue:  Whether the parents could supplement the administrative record with an IEP that was developed after the IHO rendered his decision.

Holding:  In favor of the school district (motion to supplement record denied).

By Jack Robinson

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