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New Landmark U.S. Court Decision Sets New Legal Standard On Bullied Students And IDEA Special Education Violations By Schools

IDEA Federal Climate Assessment Tool 

A learning-disabled third-grader who was cruelly bullied by classmates at highly rated PS 6 on the Upper East Side was deprived of her educational rights — and the city must pay for her tuition at a private school, a top appellate court has ruled.


The landmark decision by the US Court of Appeals for the Second Circuit found that Principal Lauren Fontana “stonewalled” the girl’s parents, refusing to discuss the bullying or address it in her special-education plan.


The three-member appellate panel unanimously upheld a ruling by federal Judge Jack Weinstein that the city Department of Education violated the US Individuals with Disabilities Education Act.

Feds Warn Schools On Bullying Of Kids With Disabilities IDEA Crackdown

In response to a record number of complaints about bullying, U.S. Department of Education officials sent out a detailed letter to the nation’s schools outlining their legal responsibilities to students with disabilities.

 

The U.S. Department of Education said in a letter to school officials this week that they are obligated under federal law to respond immediately when bullying of students with disabilities is suspected and act to halt attacks and prevent any recurrence.

 

The letter comes after an ever-increasing number of complaints and law suits related to bullying of special needs students have occurred in recent years.

Special Education: FEDERAL SCHOOL FUNDING CRISIS FOR ALL LOCAL DISTRICTS

School-Funding SERAPH

School-Funding SERAPH

 

The current influx of undocumented immigrant children from Central and South America has created a financial crisis for school districts throughout the United States.

 
Headlines from nation’s newspapers tell the tale of financial stress as school districts’ seek aide from the federal government.

 

  • Illegal border children taxing resources inside U.S. schools USA TODAY
  • Illegal Immigrant Children In The Classroom, Schools Brace For 50,000 New Students
  • Cost of educating new class of illegal immigrant minors estimated at over $760M

 

6 Questions the Press needs to ask the SANDY HOOK – Newtown Public School District School Board & Superintendent

SANDY HOOK Shooting

SANDY HOOK Shooting

 

  1. Did Adam Lanza have an IEP [Individualized Education Plan] required by IDEA (Individuals with Disabilities Act)?
  2. In 2012 did the Newtown Public School District’s Emergency and School Safety plan meet Connecticut state requirements and federal USDOE standards?
  3. Do the current Safety / Emergency plans provide specific shooting preventions tactics?
  4. Did the Superintendent and school board meet with Law Enforcement officials to determine what role the school district played in preventing the shooting?

Liability Issues with the Management of Special Needs Students

Listen and Watch the Webinar HERE

On Thursday, May 2, 2013, at 2 p.m. ET, The TASA Group, Inc., in conjunction with school safety experts Andy Demidont and Dale Yeager, presented a free, one hour, interactive webinar, Liability Issues with the Management of Special Needs Students, for all legal professionals and school administrators.

The webinar covered three key issues related to safety and security problems with special needs students in elementary, middle, and high schools:

  • Lack of Accurate Understanding of Federal Law Regarding Special Education
  • Safety Issues: A Management Issue
  • Poor Management of Students: The Real Problem