Special Education Case Law Update — Week of June 7, 2010

Posted on June 11, 2010

N.S. v. Hawaii, 2010 U.S. Dist. LEXIS 57045 (D. Haw. 2010)

Court:  U.S. Dist. Court for the Dist. of Hawaii

Nature of Case:  Private tuition reimbursement for unilaterally placed three year old with autism.  Dispute over adequacy of IEP involving:  need for OT and Speech services during ESY; specificity of IEP; definition of placement.

Nature of Disability:  Autism

Issue:  Whether the student’s IEP provided a free appropriate public education (FAPE).

Holding:  Affirmed the hearing officer’s decision that IEP was appropriate.  Tuition reimbursement denied.

B.W. v. New York City Dep’t of Educ., 2010 U.S. Dist. LEXIS 54743 (S.D.N.Y. June 3, 2010)

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

Nature of Case:  Recovery of attorneys fees

Nature of Disability:  ADHD

Issue:  Whether parent/guardian was the prevailing party (and to what extent) in two underlying due process hearings.

Holding:  In favor of parents.

By:  Jack Robinson

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