Special Education Case Law Update — Week of June 14, 2010

Posted on June 21, 2010


L.Y. v. Bayonne Bd. of Educ., 2010 U.S. App. LEXIS 11920 (3d Cir. June 10, 2010)

Court:  Third Circuit Court of Appeals, New Jersey

Nature of Case:  Injunction for “stay put” placement at private school during pendency of litigation

Nature of Disability:  Unspecified learning disability

Issue:  Whether charter school was “current educational placement” for stay put purposes where charter school IEP Team determined that private school was necessary to provide FAPE. 

Holding:  3rd Circuit affirmed district court decision in favor of school district that charter school was student’s “current educational placement” and that charter school and parents could not dictate placement over school district’s objection.

M.C.E. v. Bd. of Educ., 2010 U.S. Dist. LEXIS 58942 (D. Md. June 15, 2010)

Court:  U.S. District Court for the Dist. of Maryland

Nature of Case:  Motion to supplement the record with additional evidence

Nature of Disability:  ADHD and anxiety disorder

Issue:  Whether parent could supplement the administrative record with newspaper articles about restraint and seclusion and the school at issue.

Holding:  Motion denied.  Court found that this issue was sufficiently established at the hearing.

 T.S. v. Weast, 2010 U.S. Dist. LEXIS 57946 (D. Md. June 10, 2010)

Court:  U.S. District Court for the Dist. of Maryland

Nature of Case:  Private school tuition reimbursement

Nature of Disability:  ADHD, speech-language impairment, developmental coordination disorder with dyspraxia, and also electrical status epilepticus of sleep (“ESES”)

Issue:  Whether the school district’s proposed IEP was reasonably calculated to provide an appropriate education

Holding:  For the school district.
 By:  Jack Robinson

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