On January 3, 2019, the United States Court of Appeals for the Eighth Circuit handed down its decision in favor of the Palmyra R-I School District (“District” or “Palmyra”) in the case of E.D. et al. v. Palmyra R-I School District. The case was on appeal from the...
Flood, Fire, and Families: The Enrollment and Education of Displaced Students – By: Betsey Helfrich
Published by MoASBO, March 2018 We all watched with heavy hearts as Hurricane Harvey and Hurricane Irma devastated the states of Texas, Florida, and the Atlantic region. Missouri has also experienced its share of historic flooding and storms over the past few years. ...
Section 504: What’s New and What’s Next – By: Betsey Helfrich
Published by MARE, November 2017 This spring was a busy season for the United States Supreme Court with regard to special education cases. One case decided by the Court in February 2107, Fry v. Napoleon Community Schools, (137 S.Ct. 743) may have an impact on the...
Missouri Administrative Hearing Commission Finds for Van-Far R-I School District in IDEA Due Process Case
On June 6, 2014, the Missouri Administrative Hearing Commission (AHC) issued Finding of Fact and Conclusions of Law in favor of the Van-Far R-I School District on all counts in a special education due process complaint filed by the parents of a Van-Far student. The...
Federal Court Dismisses Suit Against Wentzville R-IV
On April 23, 2014, the Honorable Carol E. Jackson of United States District Court for the Eastern District of Missouri dismissed a lawsuit filed by a student and her parents against the Wentzville R-IV School District. The suit, J.A. & C.A., on behalf of their...
Arming Your District Against OCR – By: Alefia E. Mithaiwala
Published by MARE, April 2010 Proactive Measures Your District Can Take Now On February 1, 2010, Mickes Goldman O’Toole celebrated its two year anniversary. And in the past two years alone, the firm’s special education department has handled approximately sixty OCR...
Arming Your District Against OCR: Proactive Measures Your District Can Take Now – By: Alefia E. Mithaiwala & Thomas A. Mickes
Published by MOASBO, March/April 2010 On February 1, 2010, Mickes Goldman O’Toole celebrated its two year anniversary. And in the past two years alone, our special education department has handled approximately sixty OCR complaints against districts across the state...
Recent Eighth Circuit Case Law: A Lesson in What Not to Do in Disciplining Disabled Students – By: Alefia Mithaiwala
Published by MARE, January 2010 Consider this: a high school principal suspends a disabled student on September 8 for fighting and bringing a pocket knife to school. He tells the student and his parent that the suspension is “until a hearing before the school board...
An Update on Private School Reimbursement Under the IDEA: Some Good News for School Districts – By: Alefia Mithaiwala
Published by MOASBO, January/February 2010 On June 22, 2009, the U.S. Supreme Court held that under the Individuals with Disabilities Education Act, parents may seek private school tuition reimbursement, even if their child has never before received special education...
Clear and Present Danger – By: Ernest G. Trakas
Published by MOASBO, September/November 2009 The Special Education Student Substantially Likely to Cause Injury Johnny B. Goode, we’ll just call him J.G., is on his way to the Principal’s office. He is being escorted by the school' Resource Officer and a male teacher....