Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the cleantalk-spam-protect domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /wordpress/wp-includes/functions.php on line 6121 Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the divi-booster domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /wordpress/wp-includes/functions.php on line 6121 Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the wpmudev domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /wordpress/wp-includes/functions.php on line 6121 Decision from the Second Circuit Court of Appeals D.S. v. Trumbull Board of Education (attachment) | DeMarle, Inc.

Decision from the Second Circuit Court of Appeals D.S. v. Trumbull Board of Education (attachment)

by | Jan 24, 2021 | Independent Educational Evaluations (IEE), Legislation

You are receiving this communication to inform you that on September 17, 2020 the United States Court of Appeals for the Second Circuit issued a decision in D.S. v. Trumbull Board of Education, 120 L.R.P. 28133 (2d Cir. 2020) pertaining to independent educational evaluations (IEE).  The jurisdiction of the Second Circuit includes New York State.

The Trumbull decision rejected the United States Department of Education Office of Special Education Programs’ guidance that a parent may seek an IEE if they disagree with a functional behavioral assessment conducted for the purpose of developing a student’s individualized educational program.

The Court also determined that a two-year statute of limitations does not apply to a parent’s request for an IEE. 

For additional information regarding this decision, please see the attached field memorandum.  This memorandum will also be posted on the Office of Special Education’s News, Announcements and Timely Information webpage.

Questions may be directed to the Office of Special Education at speced@nysed.gov

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