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Co-Chair, Special Education Law Practice Group

Portrait of Christopher J. Conrad

Legal Updates for Special Education Law

Legal Update for Special Education Law – Case Law Update

Legal Update for Special Education Law – January 2026

January 1, 2026

by Christopher J. Conrad

Court Upholds Hearing Officer’s Decision and Grants Full Attorneys’ Fees After School Misses IDEA Appeal Deadline    
A.L.L., A.L. v. Laboratory Charter School, 2025 WL 3269941 (E.D. Pa. Nov. 24, 2025)

The parent, A.L., filed a special education due process complaint against Laboratory Charter School, alleging the school failed to provide her child, A.L.L., with a free appropriate public education (FAPE) during the student’s third and fourth grade years and related Extended School Years. Following a two-day hearing, the hearing officer found in favor of the parent, agreeing the school violated the child’s right to a FAPE, and awarded compensatory education in the amount of five hours for each school day the school was in session during this time period.

Three months later, A.L. and her child filed a complaint in federal court, asserting they were the “prevailing party” at due process for purposes of the IDEA, and sought an award of reasonable attorney’s fees and costs. In its answer, the school raised affirmative defenses and asked the court to overturn the hearing officer’s decision in its entirety.

One day after the plaintiffs filed their federal complaint—and one day past the 90-day deadline under IDEA § 1415(i)(2)(B)—the school separately filed its own complaint in federal court in the nature of an appeal from the hearing officer’s decision. The school affirmatively asked the court to overturn the hearing officer’s decision, contending it did not deny the child a FAPE and asserting the hearing officer erred in finding there was a denial of a FAPE. The court promptly granted the plaintiffs’ Rule 12 motion to dismiss the school’s complaint because it was untimely. 

The court directed the parties to confer on a briefing schedule concerning the plaintiffs’ request for prevailing party fees and costs, and the court thereafter issued a scheduling order. The plaintiffs filed a motion for fees and costs. Rather than responding substantively to the plaintiffs’ motion, however, the school instead filed its own motion seeking leave of the court to amend its answer and, specifically, to include a counterclaim to challenge the validity of the hearing officer’s decision—effectively the same affirmative relief the school sought on appeal. The school also asked the court to defer ruling on the plaintiffs’ motion as premature.

In resolving the competing motions, the court first denied the school’s motion and its request to amend its answer. In rejecting the school’s arguments, the court noted the school’s intended counterclaim was essentially a verbatim copy of the amended complaint it had filed in its untimely appeal: “So, Lab Charter asks us to permit it to file, as an amended answer, exactly what it filed as its amended complaint in its unsuccessful appeal before us…” The court found it would be futile to allow the amendment under the circumstances: “We dismissed Lab Charter’s appeal … under Rule 12(b)(6) because it was untimely. It thus would be futile to permit Lab Charter’s counterclaims—which we already dismissed in the other case—to move forward in this case.”

The court also granted the plaintiffs’ motion, concluding they were the “prevailing party” under the IDEA for purposes of their affirmative claims. In its reasoning, the court once again highlighted the school’s untimely appeal from the hearing officer’s decision: “Lab Charter lost its opportunity to seek modified de novo review of the administrative record below by failing to timely appeal the hearing officer’s decision. Accordingly, we are faced with a situation where we are adjudicating only whether petitioners are entitled to attorneys’ fees and costs arising out of their IDEA claims, but we are not doing so in the context of a … substantive challenge to the administrative decision.” 

The court went on to state: “This [hearing officer] decision is final and, because Lab Charter did not timely appeal it, we cannot effectively override the statutorily imposed 90-day deadline by now conducting modified de novo review of the administrative record. At this point, the only question properly before us is what, if any, attorneys’ fees and costs should be awarded to petitioners.” The plaintiffs sought $164,173.84 in fees and costs incurred in the administrative due process hearing and in the two federal cases relating to that hearing. The court granted this request in its entirety: “Petitioners prevailed at the administrative due process proceeding, sought fees and costs related to their work from that proceeding, and defended their victory in that proceeding when Lab Charter attempted to appeal its outcome. All this work was reasonably expended in furtherance of the outcome achieved by petitioners.”

Legal Update for Special Education Law – January 2026 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2026 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.
 

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 Atty. William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Attys. Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.