BERWYN, PA — McAndrews Law Offices recently celebrated a crucial win in a federal court case that shines a light on the duties of public schools under special education law. The U.S. District Court for the Middle District of Pennsylvania ruled in P.G. v. Derry Township School District, confirming that schools must promptly evaluate students suspected of needing special education services.
The case centers on the “child find” requirement. This rule mandates that schools must evaluate children as soon as there is a reason to believe they might need special education. The court stressed that this standard is meant to ensure students get help without unnecessary delays. Time is critical; waiting too long can seriously affect a child’s learning and access to necessary services.
In this case, parents had raised concerns over their child’s academic struggles over several years. The school district claimed these worries should have limited their responsibility, arguing that the parents should have known about the issue sooner. A hearing officer initially agreed, suggesting the parents had enough information earlier on.
However, the federal court reversed this decision. They ruled that just because parents were worried doesn’t mean they had the legal grounds to act. The clock for filing claims started only after a detailed evaluation in January 2020, which revealed the child’s significant disabilities and the school’s failure to provide proper support.
The court pointed out that the key question is not whether parents were worried but whether they knew the school would not provide the necessary educational support. The formal evaluation report was the first real notice that allowed the parents to pursue legal action.
This ruling sends a clear message to schools: they must act once there is a suspicion of a child’s need for special education. They can no longer rely on a parent’s concerns as a reason to delay evaluations or limit compensatory education. Schools have a duty to respond immediately, while parents need formal notice before taking action.
The decision marks an important milestone in special education law. It clarifies what is expected of schools and strengthens protections for families facing the challenges of special education. For McAndrews Law Offices, this victory underscores the importance of holding schools accountable to timely recognize and assess students who may need help.
This ruling enhances education access for vulnerable children, ensuring they receive the services they need. It reinforces the need for timely evaluations, reminding all schools of their responsibility to support every learner effectively.
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Alternative education,Free Appropriate Public Education,McAndrews Law Offices,Public education in the United States,Special education in the United States
