FAPE

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When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself? Though these concerns are valid considerations, you might be surprised that in most cases, courts do not find they justify excluding service animals from schools.

The school context is especially complicated because school administrators cannot only think of the rights of the student requesting to bring a service animal to school. Administrators must also consider the needs of faculty and other students and the need to maintain a safe and effective learning environment. Let’s look at the general legal requirements and some common myths to help you determine when and under what circumstances service animals must be permitted.
Continue Reading Who Let the Dogs . . . In? Five Myths Busted About Service Animals in Schools

A recent decision from the First Circuit Court of Appeals (the highest federal court in the jurisdictions of Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) rebuffed attempts by a student’s parents to heighten the “[f]ree appropriate public education” (FAPE) standard under Endrew F. The court also applied the same standard used by the Seventh Circuit, which has jurisdiction over Illinois, to analyze a claim that a school district failed to provide a student a FAPE in the “[l]east restrictive environment” (LRE). The decision is therefore a useful read for school leaders in Illinois and beyond. Don’t miss the key takeaways for school leaders at the end.
Continue Reading First Circuit Refuses to Heighten the Endrew F. FAPE Standard or Find LRE Violation for Self-Contained Program Placement

AngelSense™, Amber Alert GPS™, Pocket Finder™, Filip™. The list of tracking devices for students with special needs constantly grows, and parents increasingly seek to send such devices with their students to school. The use of GPS is usually uncontroversial. But what if the device allows parents to listen into or even record what the student hears at school? Such functions can raise a plethora of legal concerns. In a recent due process decision from Nevada, an impartial hearing officer decided that parents of a student with Autism could not use the “listen-in” function of an AngelSense tracker at school. What does this decision mean for school districts across the country, including in Illinois?
Continue Reading Six Key Takeaways from Nevada Decision on GPS Tracker’s Audio Function

We’ve all heard it before—schools only must provide a “serviceable Chevrolet,” not a Cadillac, to afford a student a free appropriate public education (FAPE). The analogy is often associated with the seminal U.S. Supreme Court case known as Rowley, which said that the Individuals with Disabilities Education Act (IDEA) requires only a “basic floor of opportunity,” not that schools “maximize” a child’s educational potential. The “Chevy vs. Cadillac” analogy was coined and used by lower courts after Rowley, and suggests that schools need only provide a bare minimum of services to afford a student FAPE. However, the Supreme Court in Endrew F. recently rejected such a “minimalist” interpretation of the IDEA. Since then, we have wondered about the continued applicability of the Chevy vs. Cadillac analogy—does it still have a place in special education law after Endrew F? We think not, and in this blog post we offer a better analogy for school leaders looking for a key to providing students FAPE. If you’d like to learn more, keep reading.
Continue Reading Back to Basics: Rowley, Endrew F, and the Chevy vs. Cadillac Analogy