SPECIAL EDUCATION LAW BLOG

Back-to-School (sort of)

Back-To-School is looking a lot different this year, and while I know a lot of you are happy to see your children experiencing some sort of normality, questions and worry still linger for all of us. Here are some things to keep in mind as you start this new and unusual year: Selecting a Full-Time Remote Plan Should Not Hurt Your Reimbursement Case We have received a lot of questions asking if opting for full-time remote learning could hurt a case for private school reimbursement. I think this decision is highly unlikely to have any negative impact. We are in the middle of a once in one hundred years crisis, and even public schools are allowing students to stay home full time. Everyone see

Updates on the Hearing System

As you likely know, possibly from experience, the DOE often takes an excessive amount of time to resolve IDEA claims. It has become even slower and more dysfunctional over the last couple of years. While many of the delays are caused by the DOE itself (delays in settling cases, releasing funds, etc.), they are exacerbated by the fact that the DOE is unable to hire and retain impartial hearing officers (“IHOs”) to adjudicate cases. It is not uncommon to have multiple IHOs recuse themselves from a case causing significant delays, and since November, newly filed cases are placed on a months-long wait list for an IHO assignment -- these deficiencies are something you may be all too familiar wit

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