Special Education Case Law Update — Week of June 7, 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