H. R. 4188 The IDEA Fairness Restoration Act: Allowing Parents to Recover Expert Witness Fees under the IDEA

       In 2006 the U.S. Supreme Court ruled in Arlington Central School District Board of Education v. Murphy that parents who prevail in an IDEA case cannot recover the costs of expert witnesses as part of recovering their attorneys’ fees. The IDEA provides that parents who prevail in any action or proceeding under the IDEA [...]

Using the State Education Agency Complaint Process to Enforce the IDEA

      In a recent series of articles I covered resolving disputes under the IDEA through mediation, the resolution process, and due process hearings. Still, another way to resolve disputes under the IDEA is by filing a complaint with the State Education Agency (SEA). The IDEA regulations require that State Education Agency’s have a process to [...]

Special Education Services in the Summer: The IDEA and Extended School Year

     Summer is rapidly approaching. For most children summer means time off from school. But for some students with disabilities, interrupting their school program during the summer break, jeopardizes the benefit they receive from that program during the regular school year. These students need services during the summer to receive a free appropriate public education. [...]