Courts Struggling to Define Correct Forum to Rule on Education Plans
In two decisions issued just this month, courts in Pennsylvania have attempted to fine-tune the blurred lines between the judiciary and administrative agencies in enforcing claims for individualized education plans under federal law.
June 28, 2017 at 04:06 PM
9 minute read
In two decisions issued just this month, courts in Pennsylvania have attempted to fine-tune the blurred lines between the judiciary and administrative agencies in enforcing claims for individualized education plans under federal law.
In opinions issued three days apart, the U.S. District Court for the Middle District of Pennsylvania and the Commonwealth Court each addressed when claims brought under the Individuals with Disabilities Education Act (IDEA)—which mandates special education plans for those who need them—are properly before a court, rather than an administrative body.
When it comes to certain claims dealing with physically restraining a child, according to Middle District Judge John Jones III, claimants must exhaust all administrative remedies before a court can begin to review the claims.
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