Special Education
Guide to Prior Written Notice under IDEA
If you have ever attended a Thrun special education training, you likely heard us emphasize the importance of prior written notice (PWN). Not only is it an IDEA requirement, a PWN is the best vehicle for evidencing the legality of an IEP or other special education decisions. MDE’s new guidance document Understanding the Requirements of…
Read MoreResponding to Independent Educational Evaluation Requests
Special education evaluations provide individualized education program (IEP) teams with critical information that guides the development of a student’s IEP. Occasionally, a parent will disagree with a school’s evaluation. When this occurs, a parent may request an independent educational evaluation (IEE) at the school’s expense. An IEE is an evaluation conducted by a parent-chosen examiner.…
Read MoreSection 504 and IDEA Back-to-School Reminders
The beginning of the school year is a great time to review your Section 504 and Individuals with Disabilities Education Act (IDEA) policies and procedures with faculty and staff to ensure compliance. Below are three back-to-school reminders about these important laws related to the education of students with disabilities. Students New to Your School or…
Read MoreU.S. Supreme Court Rejects “Bad Faith” Standard in Disability Discrimination Cases
On June 12, 2025, the U.S. Supreme Court unanimously eliminated the heightened protection public schools had against liability for compensatory damages in cases involving Section 504 of the Rehabilitation Act (Section 504) or Title II of the Americans with Disabilities Act (ADA). AJT v Osseo Area Schools, Docket No. 24-249 (2025). It will now be…
Read MoreIDEA Extended School Year Determinations: More Than a Box to Check
The Individuals with Disabilities Education Act (IDEA) requires an individualized education program (IEP) team to consider and document in the IEP whether a student with a disability qualifies for extended school year (ESY) services. ESY is specialized instruction and related services provided beyond the normal school year, such as during summer vacation or other school…
Read MoreBack to Basics: Section 504
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights statute that prohibits recipients of federal funds from discriminating against individuals with disabilities. In addition to an increase in complaints filed with the U.S. Department of Education’s Office for Civil Rights (OCR), we also are seeing an increase in parent requests for…
Read MoreNew FBA Guidance
In November’s edition of School Law Notes, we wrote about The ABCs of Student Behavior Management: BIPs, FBAs, & PBIS. The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS), however, almost simultaneously issued new guidance entitled, Using Functional Behavioral Assessments to Create Supportive Learning Environments (Guidance). The Guidance reiterates OSERS’ long-standing…
Read MoreThe ABCs of Student Behavior Management: BIPs, FBAs, & PBIS
Managing student behavior is integral to a successful educational experience for all students but becomes a mandate when a student has a disability. The IDEA and Section 504 recognize the connection between behavior and providing a free appropriate public education (FAPE) to students with disabilities. When a student’s behavior impairs their or others ability to…
Read MoreDue Process: Do’s and Don’ts of Special Education Litigation
Due process litigation under the Individuals with Disabilities Education Act (IDEA) has significantly increased in Michigan over the past three years. Though receiving a due process complaint is unpleasant, knowing the right steps to take will position your school for the best possible resolution. Summarized below are important steps school officials should take upon receiving…
Read MoreExtended School Year Considerations
Far too often, IEP Teams gloss over or fail to discuss whether a special education student is entitled to extended school year (ESY) services. Even if a robust discussion occurs, the prior written notice rarely explains why ESY was rejected or included. If the school finds itself in a due process hearing defending an IEP…
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