Special Education Case Law Update — Week of August 16, 2010

Posted on August 20, 2010

 A.H. ex rel. J.H. v. Dep’t of Educ., 2010 U.S. App. LEXIS 17173 (2d Cir. N.Y. Aug. 16, 2010)

Court:  Second Circuit Court of Appeals

Nature of Case:  Tuition reimbursement for unilaterally placed student

Nature of Disability:  Unspecified

Issue:  Whether absence of student’s special education teacher at IEP meeting rendered IEP procedurally deficient where IEP meeting was attended by another special education teacher who had knowledge of the school district’s services and programs

Holding:  Court of appeals reversed the district court and ruled in favor of the school district

 J.D.P. v. Cherokee County, 2010 U.S. Dist. LEXIS 84687 (N.D. Ga. Aug. 18, 2010)

Court:  United States District Court for the Northern District of Georgia

Nature of case:  Restraint and seclusion

Nature of Disability:  autism, mental retardation, a speech/language disorder, attention deficit/hyperactivity disorder (ADHD), and oppositional defiant disorder (ODD).

Issue:  Whether school district’s alleged failure to adequately train staff resulted in unreasonable restraint and seclusion in violation of Section 504 and the mericans with Disabilities Act (ADA).

Holding:  In favor of school district.

T.G. v. Baldwin Park Unified Sch. Dist., 2010 U.S. Dist. LEXIS 82745 (C.D. Cal. Aug. 11, 2010)

Court:  United States District Court for the Central District of California.

Nature of Case:  Appropriateness of school district’s educational placement

Nature of Disability:  autism, moderate mental retardation, and language impairment.

Issue:  Whether school district’s center-based placement for student with autism provided appropriate education in least restrictive environment, where parent requested continued home-bound placement.

Holding:  District court affirmed hearing officer’s decision that school district’s placement was appropriate.

By:  Jack D. Robinson

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