Special Education Update

The National Autism Center recently published an important report regarding various treatments for Autism Spectrum Disorders.  In its report, the National Autism Center reviewed “the level of scientific evidence available that exists in support of the many educational and behavioral treatments currently available for individuals with Autism Spectrum Disorders”.  “National Standards Report”, National Autism Center (2009), p. 1.  The report can be found at the following link: www.nationalautismcenter.org/pdf/NAC%20Standards%20Report.pdf

School district employees do not enjoy complete immunity with respect to their actions and may be held individually liable for their conduct at school.  A recent decision from the U.S. District Court for the Eastern District of California denied school employees’ effort to dismiss claims against them as individuals asserted under 42 U.S.C. §1983 for the alleged conduct of improperly restraining and isolating a child.  McElroy by McElroy v. Tracy Unified School District (E.D. Cal. 2009).

When a school district evaluates a child to determine whether special education programs and services are in order, it must examine how the child would perform without accommodations.  In a recent case, the U.S. District for the Eastern District of California found that a student who had received good grades and had done well on standardized tests could still be eligible for special education where the child had received a number of accommodations (including being allowed to present items orally instead of in writing – a weakness for him) and completed very few of his assignments.  W.H. by B.H. and K.H. v. Clovis Unified Sch. Dist. (E.D. Cal. 2009).

This information is for general purposes only and is not intended as legal advice.  Any liability that might arise from your use or reliance on this information is expressly disclaimed.  The reader is cautioned to seek the guidance of an experienced attorney when making any decision which might have legal implications.