Special Education Case Law Update — Week of June 21, 2010

Posted on June 25, 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

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