May 2019 Legal Update

This month’s update concerns issues that were subject to recent relevant court decisions and are of general significance: (a) the emerging fourth dimension of FAPE—capability to implement the IEP, and (b) the overlapping issues of the procedural and substantive dimensions of FAPE with LRE.

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April 2019 Legal Update

This month’s update concerns issues that were subject to recent relevant court decisions and are of general significance: (a) racial and ethnic disproportionality in discipline, and (b) eligibility of students with dyslexia under the IDEA classification of specific learning disabilities (SLD).

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March 2019 Legal Update

This month’s update concerns issues that were subject to recent officially-published court decisions and are of practical significance: (a) FAPE variations,
including ABA methodology and transition services, and (b) child find and eligibility complications, including the IDEA statute of limitations, in the case of a
gifted child with school attendance and mental health problems.

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February 2019 Legal Update

This month’s update concerns two issues that were subject to recent court decisions and are of practical significance: (a) child find and eligibility under Section 504 v. the IDEA; and, as a variation and extension of last month’s legal alert, (b) the district of residence’s obligations to a student with disabilities during the student’s placement at a residential treatment facility, which was via a juvenile court order for mental health.

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January 2019 Legal Update

This month’s update concerns two issues that were subject to recent court decisions and are of practical significance: (a) contingent IEPs for students in third-party placements, such as Medicaid-provided residential treatment facilities; and (b) restrictions on parental communications to district personnel based on a previous pattern of excessive or intimidating e-mails, calls, and/or visits.

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December 2018 Legal Update

This month’s update concerns two issues subject to recent court decisions and of practical significance: (a) juvenile justice proceedings for students with disabilities, as illustrated by Commonwealth v. Geordi G. (Mass. Ct. App. 2018); and (b) the meaning of “placement” along with the interaction between the IDEA’s adjudicative and investigative dispute resolution mechanisms, as illustrated by Steven R.F. v. Harrison School District No. 2 (D. Colo. 2018).

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