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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Archive for September, 2014

Parents’ retaliation allegation supersedes child abuse reporter confidentiality

Friday, September 19th, 2014

Grummons v. Williamson County Board of Education, 63 IDELR 61 (M.D. Tenn. 2014):  The parents of a student with a disability convinced a federal magistrate judge to supersede a state’s child abuse reporting confidentiality provisions.  The parents, suing under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, alleged that the school district reported them to the department of children’s services (DCS) in retaliation for the parents’ challenge to the district’s provision of special education services.  The court deemed the information relevant, but in order to balance the interest of confidential reporting, the requested information (namely, the identity of the individual(s) who submitted the report to DCS) would be disclosed to the parents, but was limited for use in the instant litigation and could only be disseminated on a “good faith need to know” basis.

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Speculation about IEP implementation insufficient to show denial of FAPE

Wednesday, September 17th, 2014

M.O. v. New York City Department of Education, 63 IDELR 37 (S.D.N.Y. 2014): A U.S. District Court denied a request for tuition reimbursement for a unilateral placement made by the parents of a student with a speech impairment.  The parents visited a classroom proposed by the school district, but found it inappropriate for the student.  The district subsequently proposed a different classroom, which the parents did not visit.  Instead, the parents placed the student in a private school, and pursued tuition reimbursement.  The District Court upheld the impartial hearing officer (IHO) and State Review Officer (SRO) determinations that the proposed IEP was appropriate, noting that any potential failure to implement (or how he would have fared in the proposed classroom) is speculative and not a proper basis to find a denial of an appropriate education.

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