This monthly legal alert reports two very recent cases that illustrate the continuing litigation concerning two major issues for students with disabilities–peer harassment, including bullying, and special education eligibility, including the “need prong.” Both are from the Fifth Circuit Court of Appeals: (1) Doe v. Columbia-Brazoria Independent School District (2017) for peer harassment under Section 504 and the ADA, and (2) D.L. v. Clear Creek Independent School District (2017) for special education eligibility under the IDEA.
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Perry A. Zirkel 