 COPAA is a leader in shaping the body of case law protecting and enforcing the rights of students with disabilities and their families.
Our Amicus Committee provides technical assistance to members and files briefs in cases of national significance. The issues for amicus are issues affecting all children with disabilities and topics of the briefs are varied. Recent topics include the requirement to identify and evaluate all children in all areas of suspected disability; to the constitutional protections and right to be free from physical restraints in schools; and, the three separate and distinct rights and protections offered to all students with disabilities in schools under the IDEA, Section 504 and the ADA.
In the past two years COPAA filed 25 amicus briefs; two in the United States Supreme Court and the rest in the courts of appeals. 80% of those cases in which COPAA filed an amicus brief were decided in favor of the parents. COPAA welcomes requests for Amicus Briefs for cases that:
1) present an issue(s) consistent with our mission statement
2) have a precedent setting value, and
3) affect the educational welfare of students with disabilities.
Click here for instructions on how to submit request for Amicus or Technical Assistance.
This collection included Amicus Briefs written by or for the COPAA Amicus Committee. Also includes ruling, opinions, and Briefs that COPAA signed onto authored by other organizations.
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K.D. vs Downingtown ASD (3rd Cir, 2018)
PDF (636.72 KB)
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Administration
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4/17/2018
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COPAA, along with fellow amici, Education Law Center, New Jersey Special Education Practitioners and National Center for Learning Disabilities, filed an amici brief in the Third Circuit, K.D., by and through her parents, Theresa and Jonathan Dunn; Theresa and Jonathan Dunn, individually on February 27, 2018. COPAA members Kevin Golembiewski and David Berney drafted and filed the brief which was edited by Selene Almazan and Ellen Saideman on behalf of the amici. The amici brief supports the parents and urges the Court to reverse the district court’s decision granting judgment for the school district. Long time COOPAA members Catherine Merino Reisman, Judith Gran and Sarah Zuba represent K.D.
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RENEE J. ET. AL. v Houston ISD (5th Cir, 2018)
PDF (395.51 KB)
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Administration
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4/17/2018
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COPAA filed an amicus brief in the Fifth Circuit, Renee J., as parent/guardian/next friend of C.J., a minor with a disability; Cornelius J., as parent/guardian/next friend of C.J., a minor individual with a disability on April 9, 2018. Selene Almazan, Jessica Salonus, Catherine Merino Reisman, and Ellen Saideman drafted and filed the brief for COPAA. The brief supports the parents and urges the Court to reverse the district court’s ruling granting summary judgment for the school district and grant judgment in favor of C.J. finding that C.J.’s transition plan and the school’s refusal to address his school aversion through the provision of homebound services, resulted in a denial of FAPE, or remand his case for further proceedings. The Cuddy Law Firm represents C.J.
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L.J. v. SB of Broward County (11th Cir,2018)
PDF (156.74 KB)
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Administration
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2/20/2018
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COPAA filed an amicus brief in the Eleventh Circuit, L.J. v. School Board of Broward County. COPAA members, Jodi Siegel, Kirsten Anderson, Alice Nelson, and Kevin Golembiewski represent the family. The Supreme Court has recently made clear that the IEPs of children with disabilities must be “appropriately ambitious” to enable them to make progress in in light of their unique abilities. Endrew F. v. Douglas Cty. Sch. Dist. RE-1, 137 S. Ct. 988, 1000 (2017). The Court explained that children with disabilities are to be challenged to reach their potential progress just as their non-disabled peers are, regardless of the severity of their disabilities. The Supreme Court instead held that IDEA “requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Endrew F. 137 S. Ct. at 1001.
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L.H. v. Hamilton County (6th Cir, 2018)
PDF (302.01 KB)
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Administration
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2/20/2018
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COPAA filed an amicus brief in the Sixth Circuit, L.H. v. Hamilton County. COPAA member, Justin Gillbert represents the family. The central issue is the least restrictive environment for a student with Down Syndrome. Essentially, COPAA, and our fellow amici Disability Rights Montana and The National Down Syndrome Society argued that Congress made clear that one of its overriding priorities was giving students with disabilities access to the general education curriculum and education in the regular classroom to the maximum extent possible. This requirement has been strengthened in subsequent reauthorizations of the IDEA. Moreover, abundant quantitative and qualitative research demonstrates that students with disabilities can achieve considerable educational ben
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Nicole B. v SD of Philadelphia (Pa., 2018)
PDF (576.83 KB)
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Administration
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1/30/2018
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COPAA and Disability Rights Pennsylvania (“DRP”) , represented by Reisman Carolla Granfiled an amicus brief in Pennsylvania appellate court.The case concerns whether the student and his family can sue the School District of Philadelphia, the student’s principal, and the student’s teacher under the Pennsylvania Human Relations Act for allegedly failing to do nothing to prevent ongoing and pervasive harassment, which included sexual harassment and sexual assault based on non conformity to gender stereotypes.The brief focuses on the problems that school bullying causes students and their parents. Bullying can negatively impact all students by interfering with their ability to enjoy the benefits of a public education and by detrimentally affecting their physical and mental well-being. Students with disabilities are particularly susceptible to such harm.
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Quatro v. Tehachapi Unified SD (9th Cir, 2017)
PDF (356.15 KB)
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Administration
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1/9/2018
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COPAA filed an amicus brief in the Ninth Circuit, Charis Quatro v. Tehachapi Unified Sch. Dist. on December 22, 2017. Alexis Casillas, Selene Almazan, Catherine Merino Reisman, and Ellen Saideman drafted and filed the brief for COPAA. COPAA member, Andrea Marcus, represents the parents. The brief supports the parents and urges the Court to affirm the district court’s award of attorney’s fees for the work done securing the favorable ruling at the attorney’s typical hourly rate, rather than incurring a drastic reduction of the attorney’s hourly rate, as urged by the school district, merely based upon the average hourly rate of other attorneys practicing in the underrepresented locality.
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Soto v. Clark County School Dist (9th Cir, 2017)
PDF (325.87 KB)
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Administration
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12/5/2017
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COPAA submitted an amicus curiae brief in the Ninth Circuit, Soto v. Clark County School District, on November 28, 2017, pending acceptance of the Motion for Leave to File an Amicus Brief. Selene Almazan, Catherine Reisman, Ellen Saideman, and David Grey drafted and filed the brief on behalf of COPAA. In this case, the parents filed a due process request alleging claims on behalf of their daughter for violation of IDEA and discrimination under Section 504 and ADA. Prior to the due process hearing commencing, the Administrative Law Judge issued a preliminary decision which stated, “the Hearing Officer has no jurisdiction regarding ADA or Section 504, and consequently will not be an issue at the Hearing.” On the third day of the due process hearing, the parties entered into a settlement agreement on the parents’ IDEA claims. The parents then filed their Section 504 and ADA claims in the U.S. District Court of Nevada but the district court dismissed the parents’ discrimination claims
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Bd. of Educ. of the North Rockland (2nd Cir, 2017)
PDF (96.24 KB)
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Administration
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11/28/2017
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COPAA submitted an amicus curiae brief in the Second Circuit, Bd. of Educ. of the North Rockland Central Sch. Dist. v. C.M., et al.,on November 22, 2017. Selene Almazan, Catherine Merino Reisman and Ellen Saideman drafted the brief on behalf of COPAA, Catherine Merino Reisman filed the brief on behalf of COPAA. The parent is represented by Marion Walsh, Littman Krooks, LLP. Amicus supports the parents and urges the Court to reverse the district court’s ruling calculating the parents’ statute of limitations to bar all the Section 504 claims, even those that occurred within the three years prior (three years is New York statute specific) to the filing of the request for a due process hearing on January 9, 2015.
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F.C., et al. v. Tennessee DOE (6th Cir, 2017)
PDF (271.32 KB)
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Administration
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11/21/2017
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COPAA submitted an amicus curiae brief in the Sixth Circuit, F.C., et al. v. Tennessee Department of Education on November 16, 2017. Selene Almazan, Jessica Salonus, and Ellen Saideman assisted in the drafting along with fellow COPAA member, Judith Gran, who filed the brief in the Sixth Circuit. Amicus supports the parents and urges the Court to reverse the district court’s ruling that parents who obtained a final order dismissing their due process complaint did not satisfy IDEA’s exhaustion of administrative remedies requirement and remand the case to the district court for a decision on the merits. COPAA further urges the Court to adopt the Third Circuit’s Ligonier approach to calculating the statute of limitations and apply the “discovery rule” to parents’ IDEA claims rather than simply time-barring claims that preceded two years prior to the date of the parents’ due process complaint filing.
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T.B., S.R. and F.B. v. PG County (4th Cir, 2017)
PDF (199.17 KB)
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Administration
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11/14/2017
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COPAA submitted a Motion to file an amici curiae brief in the Fourth Circuit, T.B., J.R., by and through his Parents, T.B., S.R. and F.B. v. Prince George’s County Board of Education, et. al., on November 7, 2017. Selene Almazan and Catherine Merino Reisman drafted and filed the brief on behalf of COPAA and Disability Rights Maryland. Amici supports the parents and urges the Court to reverse the district court’s ruling regarding the application of the “discovery rule” in calculating the parents’ statute of limitations on child find violations under IDEA.
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Ashley Krawietz v. Galveston (5th Cir, 2017)
PDF (244.86 KB)
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Administration
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11/14/2017
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COPAA filed a Motion to file an amicus brief in the Fifth Circuit, Ashely Kraweitz, an individual with disabilities, by and with and through her parent/guardian/next friend, Amanda Parker v. Galveston Independent School District on November 8, 2017. Selene Almazan and Roy T. Atwood drafted and filed the brief for COPAA. The brief supports the parents and urges the Court to uphold the district court’s ruling that the parents are entitled to attorneys’ fees for the work done to secure the favorable ruling that Ashley was denied a FAPE and entitled to transition services to prepare her for adulthood.
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R.M. v. Gilbert Unified SD (9th Cir, 2017)
PDF (3.25 MB)
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Administration
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11/14/2017
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COPAA filed an amicus brief in the Ninth Circuit, R.M. v. Gilbert Unified School District. COPAA member, Amy Langerman, began representing the family on their appeal to the Ninth Circuit. The central issue is the least restrictive environment for a student with Down Syndrome. Essentially, COPAA, and our fellow amici Disability Rights Montana and The National Down Syndrome Society argued that Congress made clear that one of its overriding priorities was giving students with disabilities access to the general education curriculum and education in the regular classroom to the maximum extent possible. This requirement has been strengthened in subsequent reauthorizations of the IDEA. Moreover, abundant quantitative and qualitative research demonstrates that students with disabilities can achieve considerable educational benefit from access to the general education curriculum and placement in general education classes with supplementary aids and services, such as resource rooms and itineran
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A.D.and R.D. v. Haddon Heights BOE (3rd Cir, 2017)
PDF (236.14 KB)
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Administration
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8/1/2017
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COPAA, along with amici Education Law Center (ELC) filed an amicus brief in support of the parents/Appellants in A.D. and R.D. Individually and on behalf of their son, S.D. v. Haddon Heights Board of Education on July 19, 2017. The procedural history of this case is as follows: The United States District Court for the District of New Jersey dismissed SD’s claims for failure to exhaust administrative remedies under IDEA. The Third Court affirmed the dismissal in S.D. v. Haddon Heights Bd. of Educ., 833 F.3d 389 (3d Cir. 2016) (S.D. I). The Supreme Court vacated S.D. I and remanded for reconsideration in light of Fry, which was decided several months after S.D. I. See S.D. v. Haddon Heights Bd. of Educ., 2017 U.S. LEXIS 3107 (May 15, 2017). Catherine Merino Reisman, Sarah Zuba and Judith Gran represent the family, Ellen Saideman was co-counsel on the petition for certiorari to the US Supreme Court.
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Rena C. v. Colonial School Dist (3rd, 2017)
PDF (953.03 KB)
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Administration
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6/21/2017
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COPAA filed an amicus brief on June 6, 2017 in support of reversal in the Third Circuit: Rena C. v. Colonial School District. David Berney, COPAA member, represented the family. In enacting the Handicapped Children’s Protection Act (HCPA) in 1986, Congress provided for attorneys’ fees for prevailing parents. Congress also sought to promote settlement by adopting a provision modeled on Rule 68 of the Federal Rules of Civil Procedure, encouraging schools to make written offers more than ten (10) days before the administrative hearing begins. Parents retain their right to fees after rejecting a settlement offer if the relief obtained is more favorable to the parent than the settlement offer or, even if not more favorable, if they were otherwise substantially justified in rejecting the offer. 20 U.S.C. § 1415(i)(3)(D)(i) & (E). The district court wrongfully denied Rena C. recovery of attorneys’ fees incurred after Colonial School District’s (Colonial) ten-day settlement offer expired.
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J.M. v Matayoshi & Hawaii DOE (9th, 2017)
PDF (418.36 KB)
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Administration
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4/4/2017
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COPAA submitted an amicus brief in the 9th Circuit, J.M. v. Kathryn S. Matayoshi & State of Hawaii Dep’t of Educ. on March 31, 2017. Pro bono counsel from Stroock & Stroock & Lavan wrote the brief for COPAA, Attorneys Bruce H. Schneider, Michele Palmer and Joel Dodge. Selene Almazan and Ellen Saideman assisted with drafting and editing. Robert C. Thurston, COPAA member, represents the family. The National Disability Rights Network (NDRN) joined COPAA as amici. Brief supports the parent and student urging reversal of the District Court’s decision because the school district failed in its obligation to provide the student with a free appropriate public education (FAPE) when it did not take adequate steps to prevent bullying of the student who had been subjected to severe bullying and was still suffering from that experience. COPAA’s amicus brief provided important background & academic information concerning the negative consequences from bullying of students with disabilities.
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Jefferson v. Bryan M, Darcy M. (11th Cir., 2017)
PDF (418.38 KB)
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Administration
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4/4/2017
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COPAA submitted an amicus brief in the Eleventh Circuit, Jefferson County Bd. of Educ. v. Bryan M., Darcy M., individually and as parents guardians, next friends and legal representative of R.M., a minor on March 23, 2017. Selene Almazan, Ellen Saideman, and Alice K. Nelson drafted and filed the brief for COPAA in support of the parents, Appellees. Gina Stivahtis Lowe, COPAA member, represents the family. The brief supports the parents and urges the Court to uphold the district court’s ruling that the parents are entitled to attorneys’ fees for the work done both to secure the favorable rulings in the final due process decision and also for the work entailed in obtaining an order requiring the Jefferson County Board of Education (Board) to comply with the mandate of 20 U.S.C. § 1415(j), known as the “stay-put” requirement.
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J.K and J.C. v. Missoula County PS (9th Cir, 2017)
PDF (255.24 KB)
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Administration
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2/27/2017
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COPAA filed an amicus brief in the Ninth Circuit, J.K and J.C., and K.K.-R. v. Missoula County Public Schools, on February 17, 2017 in support of the Appellants (parents and the minor child). Joining COPAA in the filing was Disability Rights Montana (DRM) as amici. For nearly 30 years, the Supreme Court has interpreted the IDEA broadly and advanced the position that Congress, in enacting the statute, did not intend to create a right without a meaningful remedy. See Forest Grove Sch. Dist. v. T.A., 557 U.S. 230 (2009); Winkelman v. Parma City Sch. Dist., 550 U.S. 516 (2007). Here the district court erred by failing to assess when the parents knew or should have known that K.K.-R. had a qualifying disability under IDEA and that she needed special education. These are the elements of K.K.-R's child find cause of action. The plain language of the statute makes clear that IDEA's statute of limitations starts to run when the parents knew or should have known about the facts which give rise
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Philadelphia v. Robert Kirsch (3rd Cir., 1-4-17)
PDF (266.82 KB)
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Administration
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2/21/2017
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COPAA filed an amicus brief in the Third Circuit, The School District of Philadelphia v. Robert Kirsch, Karen Misher, parents of A.K., a minor, on January 4, 2017 in support of the Defendants-Appellees/Cross Appellants (parents and the minor child). COPAA offers a unique perspective on an issue raised by an Opinion and Order of the United States District Court for the Eastern District of Pennsylvania, District Judge Thomas N. O’Neill, Jr., dated June 1, 2016 (Order), because the Order affects all parties to proceedings under the Act. The issue is whether, pursuant to the Act and longstanding precedent, the District Court (1) applied the proper standard of review and deference in the consideration of the Hearing Officer (IHO) and (2) whether the reimbursement remedy ordered by the hearing officer was appropriate under the Act and Supreme Court precedent.
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Dallas ISD v. Michelle Woody (5th Cir, 2016)
PDF (275.69 KB)
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Administration
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2/17/2017
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COPAA submitted an amicus brief in the 5th Circuit, Dallas Independent School District v. Michelle Woody, as next friend of KW in late November 2016. Roy Atwood, COPAA member represents the parent; Selene Almazan and Catherine Merino Reisman drafted and filed the brief for COPAA. Alexis Casillas assisted in editing and drafting. The brief supports the Parents, and urges the Court to uphold the District Court’s ruling that Dallas Independent School District (DISD) failed to timely provide a free appropriate public education to K.W. as well as the finding that the failure to file to defend its assessment waives any defense it may have to the parent’s entitlement to an IEE at public expense through the provider of her choosing. The failure to make a timely offer of an IEP has a substantive impact on the student if the student’s education within the school district “would have been different if school officials had fulfilled their statutory responsibilities on time.”
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D.L. v. District of Columbia (DC Cir, 2016)
PDF (623.54 KB)
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Administration
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1/24/2017
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COPAA, along with AARP, AARP FOUNDATION, NATIONAL FEDERATION FOR THE BLIND, NATIONAL DISABILITY RIGHTS NETWORK, THE JUDGE DAVID L. BAZELON CENTER FOR MENTAL HEALTH LAW, NATIONAL HEALTH LAW PROGRAM, UNIVERSITY LEGAL SERVICES, AND THE LAWYERS’ COMMITTEE FOR CIVILRIGHTS UNDER THE LAW filed an amicus brief on December 8, 2016 in D.L. v. District of Columbia, et. al.
AARP Foundation Litigation filed the brief on behalf of amici. Selene Almazan drafted and edited the brief on behalf of COPAA. Margaret Kohn, COPAA member, began the litigation, and continues to represent the Plaintiffs along with BRUCE J. TERRIS, CAROLYN SMITH PRAVLIK, TODD A. GLUCKMAN, PATRICK A. SHELDON, Terris, Pravlik & Millian, LLP.
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Endrew F. v. Douglas County (Supreme Ct, 2016)
PDF (112.43 KB)
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Administration
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11/21/2016
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Supreme Court asked to decide: “What is the level of educational benefit that school districts must confer on children with disabilities to provide them with a free and appropriate public education guaranteed by the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. COPAA files brief with CHADD and CAPCA asserting the following standard: A child “benefits from” instruction when the services target all areas of educational need in order to ensure achievement consistent with non-disabled peers in the general education curriculum so as to enable students to be prepared for post-school activities.
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Fry v. Napoleon (Supreme Ct, 2016)
PDF (376.64 KB)
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Administration
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9/7/2016
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COPAA and the Advocates for Children of New York (AFC) filed an amicus brief on August 29, 2016 in support of Stacy Fry, Brent Fry and the minor child E.F. At issue is the refusal of Napoleon Community Schools to allow E.F. to bring her service dog to school, in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Section 504). The reason given to the family was that the provision of E.F.’s one on one assistant satisfied its obligations to E.F. under a completely different statute: IDEA. When E.F. and her family brought suit under the ADA and Section 504, the Sixth Circuit ruled that the family should first have sought relief under the IDEA and exhausted administrative remedies through the IDEA. IDEA is a very different statute from ADA and Section 504.
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I>Z.M. v Rosemount (8th Cir., 2016)
PDF (617.77 KB)
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Administration
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7/26/2016
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COPAA filed an Amicus brief in the 8th Circuit in the case I.Z.M. by and through his parents and natural guardians, T.M. and L.M. v. ROSEMOUNT-APPLE VALLEY-EAGAN PUBLIC SCHOOLS, INDEPENDENT SCHOOL DISTRICT NO. 196; ROSEMOUNT-APPLE VALLEY-EAGAN SCHOOL BOARD. COPAA members Amy Goetz and Andrea Jepsen represent the family. Catherine Merino Reisman, Alexis Casillas , Selene Almazan and Judith Gran drafted the brief. Judith Gran, a member of the 8th circuit, filed the brief on behalf of COPAA. I.Z.M. is blind and cannot use printed educational material and must rely on accessible instructional material and assistive technology in order to access the high school curriculum. Having lost below at the administrative proceedings under IDEA, the family filed an original complaint in US District Court challenging the administrative decision and raising de novo claims under Section 504 and the Americans with Disabilities Act (ADA). The district court, based upon a mischaracterization of I.Z.M.
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N.P. v. Maxwell (4th Cir, 2016)
PDF (450.46 KB)
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Administration
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6/28/2016
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COPAA filed an Amicus brief in support of the parents, Plaintiffs-Appellees in the case of N.P. v. Maxwell. The parents are represented by Michael J. Eig and Paula Rosenstock of Michael J. Eig and Associates. The parents lost at the Administrative due process hearing, but then prevailed at the District Court level where US Judge F. Motz determined that the compelling evidence presented by the parents mandated placement at the private program designed to address NP’s unique needs as a student who is twice exceptional. Indeed, the ALJ’s decision is neither well-reasoned nor based on the record on this issue. The parent came forward with compelling evidence that N.P.’s progress in reading, writing and math was less than trivial, demonstrating that N.P. actually lost skills during the years in question.
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L.O ex rel. K.T. v. N.Y.C. DoE (2nd Cir, 2016)
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Administration
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5/24/2016
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The Second Circuit issued a decision in the case L.O ex rel. K.T. v. N.Y.C. Dep’t of Educ. and REVERSED and REMANDED the case for further proceedings. The family was represented by the Cuddy Law Firm, COPAA filed an amicus brief written by Andrew Feinstein and Selene Almazan. Andrew Feinstein filed the brief on behalf of COPAA and argued the amicus position in support of the parent (Appellant) on March 10, 2016. Phillip Abramowitz argued the case on behalf of the parent, L.O.. The parent lost at the hearing level (IHO) and the state review level (SRO). The District Court affirmed the order of the state reviewing officer. The parent appealed to the Second Circuit. The Second Circuit determined that the three IEPS developed by NYC violated the IDEA and deprived him K.T. (the student), of FAPE.
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A.M.v. NY City DOE (2nd Cir, 2016)
PDF (243.52 KB)
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Administration
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4/20/2016
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On April 18, 2016 COPAA filed an amicus brief in support of the Appellant-Plaintiff in the 2nd Circuit case: A.M., individually and on behalf of E.H., a child with a disability v. New York City Department of Education. COPAA member, Jason Sterne of the Cuddy Law Firm, represents the parent. Selene Almazan and Andrew Feinstein drafted the brief for COPAA, Andrew Feinstein, a member of the 2nd Circuit, filed the brief on COPAA’s behalf. Alexis Casillas assisted in the drafting.
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JD v. NYDOE (2nd Circuit, 2016)
PDF (20.25 MB)
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Administration
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4/8/2016
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COPAA filed an amicus brief in the case: JD v. NYDOE in the 2nd Circuit on April 6, 2016. COPAA member Caroline Heller represents the appellants-parents. The brief was written by attorneys from Morrison & Foerster, New York Office. Attorneys Carl Loewnson, Jr., Michael B. Miller and Srarah L. Prutzman wrote the brief for COPAA. Catherine Merino Reisman, Alexis Casillas and Selene Almazan participated in the editing.
The brief focuses on the deference due to hearing officer decisions. The amount of deference that the district court must give to the administrative decisions of the SRO and IHO varies depending on the “persuasiveness” of those decisions. M.H. v. N.Y.C. Dep’t of Educ., 685 F.3d 217, 244 (2d Cir. 2012) (quoting Lenn v. Portland Sch. Comm., 99 F.2d 1083, 1086-87 (1st Cir. 1993)). Decisions that are “grounded in thorough and logical reasoning should be provided more deference than decisions that are not.” Id.
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SM v. Gwinnett County SD (11th Cir, 2015)
PDF (213.57 KB)
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Administration
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8/18/2015
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COPAA filed an amicus brief in the 11th Circuit on Monday August 17th, 2015, the case is SM v. Gwinnett County School District. COPAA member Torin Togut represents the parents. The issue in SM is whether a student with Down Syndrome was educated in the least restrictive environment (LRE). In addition to requiring the provision of a FAPE, the IDEA declares that children with disabilities shall be educated in the LRE. The federal regulations explicate the LRE requirement mandating that school systems ensure that …”[u]nless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled.” 34 C.F.R. §300.552(c). School districts may not unnecessarily restrict a child’s inclusion if that child’s IEP can be implemented using supplementary aids and services in a regular education classroom in the student’s neighborhood school. In adopting the IDEA, Congress created a strong preference for educating stud
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Se.H. V. Bd. of Educ. of AA County (4th Cir, 2015)
PDF (80.01 KB)
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Administration
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8/11/2015
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On July 22, 2015, COPAA filed an amicus brief in Se.H. V. Bd. of Educ. of Anne Arundel County Pub. Sch., in the in United States Court of Appeals for the Fourth Circuit. The brief focuses on the importance of procedural safeguards for Section 504 and ADA claims. In Se.H., the student filed a complaint for due process seeking relief under the IDEA, as well as Section 504 and the ADA. COPAA argued that these civil rights statutes reflect Congressional intent to afford students not only the right to a FAPE under the IDEA, but also the right to be educated as adequately as their peers without disabilities, to be provided services comparable to those afforded their peers without disabilities, and to have access to a fair and impartial review when a disagreement arises about the provision of services under Section 504 and the ADA. COPAA explained that he district court’s decision, which failed to address the fact that Se.H. never received a hearing on his 504/ADA claims, ignores plain langua
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Meridian Joint SD v. D.A.(9th Cir, 2015)
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Administration
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8/11/2015
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COPAA filed an amicus brief in support of Appellees' Petition for a ReHearing En Banc in the case: Meridian Joint School District v. D.A. Meridian was issued by the 9th Circuit on July 6th. Since that time, COPAA has been concerned about the ruling. The parents prevailed in their request for an IEE; after the IEE was completed the IEP team determined that MA was not a student with a disability. (COPAA filed an amicus brief in the companion case) On the issue of attorneys fees for the IEE "win" the Panel ruled that because the 2012 due process hearing (which arose two years after the IEE matter) found that M.A. was then ineligible (as of February 2012) for an IEP, his parents were ineligible for fees on the 2010 matter, theorizing they were not the “parent of a child with a disability.” Courts must construe civil rights statutes broadly so as to effectuate the statutory goals.
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BD v. DC (DC Cir, 2015)
PDF (294.6 KB)
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Administration
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8/11/2015
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COPAA and Children's Law Center (CLC) filed an amicus brief on July 13, 2015 in the case: BD v. DC. COPAA member Diana Savit is the attorney for the parents. The Appellants' brief is here. The amicus brief offered guidance to the Court on the appropriate mechanism or procedure to enforce a favorable hearing officer decision (HOD) that parents received at the lower level.
Amici support the protection of all procedural and substantive rights afforded parents under the IDEA. The amici urge the court to follow the plain language of the IDEA in overturning the lower court’s finding that it had no jurisdiction to enforce a favorable and final HOD. Exhausting the detailed due process procedures set forth in the plain language of the IDEA is complex, costly and time-consuming for families of children with disabilities.
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Decision, Price et al v. DC (2015)
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Administration
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6/30/2015
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The D.C. Court of Appeals issued a decision on June 25th, Price v. DC, affirming the rights of families to secure counsel. The D.C. Court of Appeals agreed with the parent and COPAA’s Amicus positions and determined that the fee shifting provisions apply to court appointed attorneys in the D.C. Superior Court system and payment through the court appointed panel does not bar attorneys from utilizing the fee shifting statute at a prevailing rate for representation on behalf of families who otherwise could not afford to retain counsel.
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Seth B. v. Orleans Parish SB (5 cir, May 2015)
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Administration
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5/15/2015
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COPAA filed an amicus brief in the 5th Circuit in the case of Seth B. v. Orleans Parish School Board. Advocacy Center attorneys, Sara Hall Voight and Debra Weinberg, as well as Ron Lospennato, represent the Plaintiffs/Appellants in the case. The issue is one of primary importance to COPAA members: the right to an Independent Educational Evaluation (IEE). The primary rights of parents and children under IDEA start in the evaluation process with a right to an IEE to supplement the evaluations conducted by the public agency. Parents and their children require a clear and fair access to an established dispute resolution mechanism when the school agency declines to allow the publicly funded IEE or to pay for it once it is completed, in procedures which mandate that the IEE be funded unless the district affirmatively seeks a hearing to prove the adequacy of its evaluation “without unnecessary delay.” This explicit allocation of the burden of bringing a suit and the burden of proof lies w
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Doe v. Cape Elizabeth (1 Cir, May, 2015)
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Administration
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5/15/2015
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COPAA filed an amicus brief in the 1st Circuit Doe v. Cape Elizabeth, this week. COPAA member, Richard O'Meara, represents the family. Under the Individuals with Disabilities Education Act a student qualifies for special education services under the Specific Learning Disability (SLD) category if she meets two basic criteria, both found in the IDEA’s regulations. First, there must be evidence that the child “does not achieve adequately for the child’s age or fails to meet State-approved grade-level standards in one or more of the eight listed areas, when provided with learning experiences and instruction appropriate for the child's age or State-approved grade-level standards.” In this case, it was Jane Doe’s reading fluency skills that were implicated in one of the eight areas of disability. However, under the IDEA regulations a deficit in just one area is enough for Jane to be classified as needing specialized instruction: special education. Second, although federal courts may d
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S.T. v. HCPS 4th Cir, April, 2015)
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Administration
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4/15/2015
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COPAA filed an amicus brief in the 4th Circuit, April 15, 2015. The case, S.T. v. Howard County Public Schools, presents an issue of profound importance to COPAA and its members because it invokes the parents’ rights to notice and meaningful participation. At the time the parents must choose whether to accept a school district’s offered program and school placement, or to place the child elsewhere and seek tuition payment, parents only have the information provided by the school system at the IEP meeting to rely upon.
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