Will Special Education litigation amid the COVID-19 pandemic actually achieve the result your child needs?
Preparing for the 2020-21 school year has been exceptionally challenging for students, teachers, and administrators than in years past. This year, not only will schools be battling the challenges presented in the return to in-person learning, there is also a growing concern that school districts and educational service agencies will face unparalleled rates of litigation for their inability to meet requirements under the Individuals with Disabilities in Education Act (IDEA) during the months of remote learning. The IDEA guarantees eligible students with disabilities a “free appropriate public education” (FAPE). This Act also provides the right for parents to file a complaint through a due process hearing for when they believe their child is not being provided with a FAPE.