Special Education Law Since Endrew F. and Fry: Tremendous Transformation or Tempest in a Teapot


22 Jan

Special Education Law Since Endrew F. and Fry: Tremendous Transformation or Tempest in a Teapot

Special Education Law Since Endrew F. and Fry: Tremendous Transformation or Tempest in a Teapot

Wednesday, January 22, 2020

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Special Education Law Since Endrew F. and Fry:  Tremendous Transformation or Tempest in a Teapot?
It has been more than 2 years since the Supreme Court ruled on two significant cases involving special education, Endrew F. and Fry.  Some said that the  Endrew F. ruling would dramatically expand the rights of special-education students, creating a nationwide standard for special education, and empowering parents as they advocate for their children in schools. Others, however,  said  the decision would  not have any impact on schools, arguing that the vast majority already provide a good education for those children. Similarly, those interpreting the impact of Fry predicted that students and their parents would rush to court instead of, or in addition to, pursuing an IDEA due process claim,  resulting in a vast increase in federal lawsuits. Rather than just initiating IDEA due process procedures,  it was predicted that attorneys representing students would use a simple strategic pleading strategy (i.e. tacking on a request for monetary damages in a complaint) to commence a federal lawsuit at the same time IDEA due process was initiated and forcing school districts to be in the position of defending in two separate forums on the same issue, based on a technical distinction of potential relief.

In reality, how have the courts and hearing officers interpreted these rulings? Has special education really changed in the manner some predicted or have other issues arisen, such as IDEA cases being combined with Title IX or Title VI claims? Join Thompson and Horton attorneys Chris Borreca (Partner, Houston) and Jessica Witte (Associate, Austin) for an in–depth look at these issues as they explore the true impact of these important special education cases as well as other current issues being examined by courts today.

Presenters:  Chris Borreca and Jessica Witte, Thompson & Horton LLP