Case of the Week
R.B. v. New York City Dept. of Educ., (S.D.N.Y.)
July 25, 2010: Disabled Students—Equities weighed in favor of reimbursement for parents' costs of "Jump Start" program at private school.
In an Individuals with Disabilities Education Act (IDEA) case, the equities weighed in favor of reimbursing the parents of a disabled student for the costs of a "Jump Start" program at a private school where they unilaterally placed their child, even though the regular education program at that school was inappropriate to meet the student's special education needs and despite parents' failure to provide the school district with notice prior to that placement. The parents' obligations under the IDEA'S notice requirement were not triggered because the New York City Department of Education (DOE) never provided them with a Final Notice of Recommendation. Indeed, they could not have informed the DOE that they were "rejecting the placement proposed by the public agency" because the DOE never made a placement recommendation for them to reject.
| Previous Cases of the Week |
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Bougades v. Pine Plains Cent. School Dist, (C.A.2 (N.Y.))
July 11, 2010: Disabled Students—An individualized education plan adequately addressed a student's difficulties with homework and writing.
Harris v. Five Point Mission-Camp Olmstedt, (N.Y.A.D. 2 Dept.)
June 10, 2010: Athletics—Summer camp did not negligently supervise soccer player or negligently maintain the soccer field where he was injured.
E.H. v. Board of Educ. of Shenendehowa Central School Dist., (C.A.2 (N.Y.))
May 11, 2010: Disabled Students—School district did not deny free appropriate public education to disabled student by placing him in class of 12 students.
Doe v. School Bd. of Broward County, Fla., (C.A.11 (Fla.))
April 28, 2010: Civil Rights—Principal could not be held individually liable under 1983 for teacher's sexual harassment of student.
Anchorage School Dist. v. D.S., (D.Alaska)
April 8, 2010: Disabled Students—Hearing officer exceeded her IDEA authority by replacing IEP team with service providers from home-based program.
Chattooga County Bd. of Educ. v. Searels, (Ga.App.)
March 10, 2010: Standards and Competency—Termination of teacher who twice commented inappropriately as to her special education students was supported by the evidence.
Odekirk v. Bellmore-Merrick Cent. School Dist., (N.Y.A.D. 2 Dept.)
March 1, 2010: Torts—Student's injuries sustained while playing floor hockey were not proximately caused by allegedly inadequate supervision.
Robinson v. Sacred Heart School, (N.Y.A.D. 2 Dept.)
February 16, 2010: Torts—A school was not liable for a student's injuries on a "negligent security" theory.
Roe, ex rel. Callahan v. Gustine Unified School Dist., (E.D.Cal.)
February 1, 2010: Athletics—School district exercised substantial control over players at football camp, as required for student's sexual discrimination and harassment claims.
Johnson v. Edgewood City School Dist. Bd. of Edn., (Ohio App. 12 Dist.)
December 29, 2009: Labor and Employment—Evidence did not support termination of high school teacher who gave embarrassing assignment.