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Professional Liability

Legal Updates for Special Education Law

Legal Update for Special Education Law – Results*

Legal Update for Special Education Law – June 2024

June 10, 2024

Christopher Conrad (Harrisburg, PA) successfully defended claims for alleged violations of the Individuals with Disabilities Education Act (IDEA) and the Family Educational Rights and Privacy Act (FERPA) included in a complaint filed in the Dauphin County Court of Common Pleas. The plaintiff, a former student of a local school district, claimed that while he was a student, the school district subjected him to discrimination, denied him equal opportunity to access his education, and violated his rights to privacy and confidentiality in his educational records. Chris filed preliminary objections in response to the complaint. As to the IDEA claim, Chris argued that the plaintiff failed to exhaust his administrative remedies under the IDEA, since he did not first file a special education due process complaint and pursue that case to conclusion before filing suit. And as to the FERPA claim, Chris argued that because there is no private right of action under FERPA, the plaintiff could not maintain a claim under the statute. The court agreed with Chris’s arguments, sustained the preliminary objections, and dismissed the IDEA and FERPA claims with prejudice.

*Prior Results Do Not Guarantee a Similar Outcome 


 

Legal Update for Special Education Law – June 2024 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 © 2024 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

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

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Result

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Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

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Event

Pennsylvania Appellate Update 2025-2026

On August 21, 2026, Casey will serve as a panelist for the live webcast program, “Pennsylvania Appellate Update 2025-2026” presented by the Appellate Advocacy Committee of the Pennsylvania Bar Association and Pennsylvania Bar Institute. The program is divided into three parts—Criminal, Civil, and Administrative. Casey will serve as a panelist for the Civil portion, along with Christina McKinley of Blank Rome, Ben Baer of Injury Law Partners, John Masslon of Keller Postman, Jonathan Bruno of Bruno Litigation LLC, and moderator, Ezza Ahmed of Buchanan Ingersoll.  Registration and more information: https://www.pbi.org/product/pennsylvania-appellate-update-2025-2026/

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

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Thought Leadership

A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims

Kimberly and Seth, shareholders in the Insurance Services Practice in our Fort Lauderdale office, break down the Florida Supreme Court's decision in 'Trace Elements v. MacKensen' and what it means for property insurance claims in the state. Read the article here.

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Result

Summary Judgment Secured for Life Insurance Agent