A Model for Clamping Down on Harassment in Schools
Special Education
In a well-reasoned opinion, the New Jersey Supreme Court ruled that the Law against Discrimination permits a cause of action against a school district for student-on-student harassment based on the student's perceived sexual orientation if the school district's failure to reasonably address the harassment has the effect of denying that student any of the schools "accommodations, advantages, facilities or privileges."
A Two-Pronged Attack Against Harrassment in Public Schools
Special Education
No parent wants to hear that a student is bullying her child in school. Isn't school supposed to be a place where our children are safe? Isn't school supposed to be a place for learning good lessons, not tough ones? Unfortunately, as we are finding, this is not always so.
3rd Circuit Eliminates Individual Liability for Violation of Special Ed Law
Special Education
In a landmark decision in the first half of 2007, the Third District Circuit Court of Appeals confirmed that parents and their children with special needs could receive compensatory damages from state and local educational agencies for violations of federal special education law. In that same decision, however, the court made it impossible for parents and children to impose personal liability on individual defendants.
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Importance of Contextual Analysis on a Motion to Dismiss
Appellate Law
The Third Circuit provides much needed guidance on the established legal principle that a complaint may not be dismissed under Federal Rule of Procedure 12(b)(6) unless it is beyond doubt that a plaintiff cannot prove any set of facts that would entitle him to relief.
Supreme Court Affirms Rights of Privately Placed Special Ed Students
Special Education
In a case of first impression, the Pennsylvania Supreme Court has held that school districts in the Commonwealth must provide services available under Section 504 of the Rehabilitation Act to students placed by their parents in private schools and dually enrolled in the district.
Parents Get Permission to Go Pro Se
Special Education
In a long awaited decision, the Supreme Court has held that parents of children with disabilities enjoy their own subsantive rights under the Individuals with Disabilities Education Act and can seek to enforce its provisions pro se.
New Law Places Burden Back on School Districts, Where it Belongs
Special Education
New Jersey took a step toward leveling the playing field for parents who disagree with the school districts' special education programming for their children, when it passed a law placing the burden of production and persuasion on the districts for showing that their programming complies with the Individuals with Disabilities Education Act.
Appellate Law
The Third Circuit provides much needed guidance on the established legal principle that a complaint may not be dismissed under Federal Rule of Procedure 12(b)(6) unless it is beyond doubt that a plaintiff cannot prove any set of facts that would entitle him to relief.
Supreme Court Affirms Rights of Privately Placed Special Ed Students
Special Education
In a case of first impression, the Pennsylvania Supreme Court has held that school districts in the Commonwealth must provide services available under Section 504 of the Rehabilitation Act to students placed by their parents in private schools and dually enrolled in the district.
Parents Get Permission to Go Pro Se
Special Education
In a long awaited decision, the Supreme Court has held that parents of children with disabilities enjoy their own subsantive rights under the Individuals with Disabilities Education Act and can seek to enforce its provisions pro se.
New Law Places Burden Back on School Districts, Where it Belongs
Special Education
New Jersey took a step toward leveling the playing field for parents who disagree with the school districts' special education programming for their children, when it passed a law placing the burden of production and persuasion on the districts for showing that their programming complies with the Individuals with Disabilities Education Act.