December 2013

Claims arising under the Individuals with Disabilities Education Act (IDEA) were barred by the running of the two-year statute of limitations period. IDEA claims must be brought within two years of when the family knew or should have known of the underlying facts. Parents are on inquiry notice and cannot wait to bring a claim […]

When Defendant’s parents enrolled him in a private school in Fulton County with the use of a Special Needs Scholarship, they waived their right to services under the Individuals with Disabilities Education Act (IDEA), including a right to an independent educational evaluation (IEE) at public expense.  The Georgia Special Needs Scholarship Act specifies that acceptance

The Individuals with Disabilities Education Improvement Act (IDEA) does not grant OSAH subject matter jurisdiction to determine whether a valid settlement agreement exists between a school district and the parents of a special needs child. Such claims may be heard administratively only insofar as they implicate the provision of a free and appropriate education to the child.

The school district did not deny Plaintiff, a special education student, with a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA).  First, while parents have the right to inspect and review all of their child’s educational records under the IDEA, the right does not encompass all homework and classwork, which

Petitioner, a student, is not entitled to dictate the choice of school where IDEA services will be implemented.

The School District did not violate Plaintiff’s right to a free appropriate public education (FAPE) when his individualized education program (IEP) placed him in a high school based on residency rather than at his preferred location. A parent is not entitled to dictate the location of services. Plaintiff’s parents complained that the school required documentation