Special Education Case Law Update — Week of June 21, 2010
H.M. v. Haddon Heights Bd. of Educ., 2010 U.S. Dist. LEXIS 61930 (D.N.J. June 22, 2010)
Court: United States Dist. Ct. for the Dist. of New Jersey
Nature of Dispute: Supplementation of the administrative record with additional evidence
Nature of Disability: Learning disability in reading and math
Issue: Whether the parents could supplement the administrative record with additional evidence as to why their daughter should be re-classified for special education.
Holding: Parents were allowed to supllement the record with additional evidence.
M.M. & E. v. Lafayette Sch. Dist., 2010 U.S. Dist. LEXIS 61186 (N.D. Cal. June 2, 2010)
Court: United States Dist. Ct. for the Northern Dist. of california
Nature of Dispute: Dispute over applicability of various legal claims to redress compliance issues involving an independent educational evaluation (IEE)
Nature of Disability: Unspecified learning disability
Issue: Whether parents could bring various legal theories (504, Fifth Amendment, and IDEA) to redress IEE dispute
Holding: Court dismissed all of parents’ claims in favor of school district.
By: Jack Robinson