On July 21, 2010 the Department of Justice - Civil Rights Division issued an Advanced Notice of Proposed Rulemaking indicating that the Department was considering revising the regulations for Title II and Title III of the ADA to require that State and local governments (and schools) make their websites accessible to individuals with disabilities. The public comment period is open until January 24, 2011 and comments can be submitted electronically at www.regulations.gov (RIN 1190-AA61 or docket ID. No. 110).

In March, Patti Page argued a special education case for a Vermont School District before the (federal) Second Circuit Court of Appeals in Manhattan. The District prevailed. The Court (in an unpublished opinion) found that the Parents had not only “enjoyed throughout the IEP-development process” a “tremendous amount of access and input,” and that it was their categorical opposition to any placement at the local high school that “rendered impossible a fully collaborative process."

The Court also ruled that the District’s IEP proffered FAPE in the least restrictive environment, and that the classroom teacher’s absence from some IEP meetings had not, on the specific facts of the case, resulted in prejudice to the parents and/or a procedural denial of FAPE. The controversy underscores, however, the importance of having a general educator at IEP meetings as the rules require. Please contact Patti if you have any questions regarding the holding of the decision.

After a rocky start, it appears that the “official and final” version of the revised Special Education Rules will soon be available after the version that was approved by the State Board of Education is also approved by LCAR (Legislative Committee on Administrative Rules). If you have any questions, Patti Page has done a comparison between the new and old rules. Also, she has (informally) collected questions from the special education field, and has sent some questions to the Department for response.

SP&F owner John Klesch was recently appointed by the Vermont Supreme Court as an associate member of the Board of Bar Examiners, replacing Joe McLean, who served three years as an associate with the Board. In September 2009, the Vermont Supreme Court issued a Certificate of Appreciation to McLean, thanking him for his service. In departing, McLean indicated that it had been an honor to serve the Supreme Court through his work on the Board and expressed his belief that John Klesch would do a great job as his replacement.

On July 1, 2009, John Klesch became an equity owner in the firm of Stitzel, Page & Fletcher. During the two years John was "of counsel" to the Firm, he successfully handled a diverse array of litigation in both Federal and State court. He is expected to continue doing so in the future.

Bob Fletcher, Vice President and Managing Owner, expressed the view that John's acceptance of an ownership position is good for the Firm and its clients.

"John brings terrific analytical skills, a solid litigation background, and practicality to every matter he handles. Our clients will be well-served by John's presence in the Firm. The Firm will benefit from his energy and enthusiasm, and his commitment to the law. We are pleased that he has joined us."

We have posted overviews of two interesting federal cases on our "Recent Developments" page. One case involves access by third-parties to a school district website, and the other is a Supreme Court decision concerning the burden on employers in age discrimination cases.

Check back periodically for new postings, and get in touch if you want to access an archived posting.