On March 16, 2020, Governor Jim Justice of West Virginia issued an emergency closure of all public schools, changing the education system overnight from a brick and mortar face-to-face model to a remote learning model. Students with disabilities receiving special education and related services continue to be entitled to procedural safeguards and a…

In this article, the author identifies and answers questions related to IDEA eligibility issues and the Free Appropriate Public Education (FAPE) regulation. The author's answers to several questions concerning legal issues are presented.

This article presents a due process hearing case study of a mother who contended that his son, D.J., has been denied of a free and appropriate public education (FAPE) of his School District after being suspended from school. D.J., an elementary student, had been described as hyperactive, inattentive, defiant, and often volatile. He was identified…

Marnie is a resident of an unnamed School District ("the District"). In January 2000 at the age of 13, Marnie was involved in a bicycle accident that severely damaged her central nervous system, leaving her without use of her legs or left hand and cognitively impaired. She had not received special education previously. By September 2001,…

Anna is a 13-year-old student who has a learning disability and is eligible for special education and related services. Anna's parents enrolled her in the Private Academy for fifth grade; her frustration, inappropriate behaviors, and inattention had increased during fourth grade. In its year-end report, the Private Academy described Anna's…