New Weekly Question!

How would you rate the quality of writing by professionals in the field of special education dispute resolution? What would you suggest to improve the quality of hearing officer decisions, state complaint investigator reports, mediation agreements, etc?

Breaking: Fourth Circuit Affirms Rowley " Some Benefit" Standard #FapeStandard

Breaking News:

Yesterday, the United States Court of Appeals for the Fourth Circuit held that  the "some benefit" FAPE standard created by the U S Supreme Court in the seminal Rowley decision is still the law concerning the standard.  The case before the Court was OS by Parents v. Fairfax County Sch Bd, No 14-1994, ___F.3d___, (Fourth Circuit 10/19/2015). The parents argued that meaningful benefit requires more than some benefit.  The Court rejected this argument and decided that the some benefit standard remains the rule concerning the measure of FAPE. You can read the decision here. 

This holding is very similar to the recent holding by the Tenth Circuit in the Endrew F Case,  You can review our post on that case here. What do you think about this decision?

New Weekly Question!

How would you rate the quality of writing by professionals in the field of special education dispute resolution? What would you suggest to improve the quality of hearing officer decisions, state complaint investigator reports, mediation agreements, etc?

Writing in Special Education Dispute Resolution #SpEdDecisions

Writing is a big part of the job of professionals who work in special education dispute resolution. It is a topic that is frequently a part of the trainings that I conduct for IDEA hearing officers, mediators, complaint investigators, etc. This topic is very important to me.

Each dispute resolution method may require some document to be written up at the end of the process.  Where mediation or the resolution meeting results in a settlement, a written agreement is necessary. A state complaint investigator concludes the process with a written report. A due process hearing officer writes a decision. In each case the written product is critical to the dispute resolution process.

The decision, report or agreement is the only portion of our work that many people ever see.  Our written documents should reflect well upon us; they are our professional product. It is extremely important, therefore, that our decisions and reports be well reasoned and that all documents be understandable, clear and well written.  They are the conclusion of the dispute resolution process, and, accordingly, are extremely important to the parties, and the child with a disability. Reviewing courts and officers receive no other communications from us.  Our decisions and agreements represent us to the rest of the world.  Our reputations as dispute resolution professionals depend upon high quality written products.

We will be using the weekly question to elicit input from our readers on the quality of the wring that they have seen in special ed decisions, complaint investigation reports, etc, as well as the language used in mediation and resolution agreements.  Please stay tuned.

Sometimes My Job Is Pretty Cool #WhereIsJG?

Weekly Question!

A recent Tenth Circuit opinion discussed the difference, if any, between "meaningful benefit" vs. "some benefit" for the FAPE standard. Which should be the standard? Do you think that there is a difference?

Weekly Question!

A recent Tenth Circuit opinion discussed the difference, if any, between "meaningful benefit" vs. "some benefit" for the FAPE standard. Which should be the standard? Do you think that there is a difference?

Sometimes My Job Is Pretty Cool #Where Is JG?