This month’s update identifies recent court decisions of general significance, specifically addressing the questions of (a) whether a functional behavioral assessment (FBA) qualifies as an evaluation under the IDEA, and (b) to what extent a school nurse’s advocacy on behalf of students with disabilities provides legal protection from adverse employment action. Download the update and… Continue reading October 2020 Legal Update
Author: pzirkel
COVID-19 Legal Activity: Addendum to Early Fall Update
As an addendum to Supplement 5 (COVID-19 Guidance and Case Law: Early Fall Update), here is a snapshot overview of the due process hearing and state complaint activity for COVID-19 issues as of August 31. It is based on a survey of state education agencies. Click here to download the addendum [PDF].
COVID-19 Guidance and Case Law: Early Fall Update
September 17, 2020 Remaining as unsettled as the pandemic, the primary two-part question arising under the IDEA and Section 504 as a result of COVID-19 continues to be: (a) has the district denied FAPE to the eligible child and, if so, (b) what is the resulting relief, typically but not exclusively in the form of… Continue reading COVID-19 Guidance and Case Law: Early Fall Update
September 2020 Legal Update
This month’s update identifies recent court decisions that illustrate the significance, in some cases, of the parties’ course of conduct as perceived by the court. This judicial balancing of reasonableness and good faith, referred to as the “equities,” is not limited to the remedies, such as tuition reimbursement. It also extends with less frequent prominence… Continue reading September 2020 Legal Update
COVID-19 Guidance and Case Law: The Next Update
August 12, 2020 The primary two-part question arising under the IDEA and Section 504 as a result of the COVID-19 pandemic is (a) has the district denied FAPE to the eligible child and, if so, (b) what is the resulting relief, typically but not exclusively in the form of compensatory education? Further Federal Guidance Since… Continue reading COVID-19 Guidance and Case Law: The Next Update
August 2020 Legal Update
This month’s update concerns issues that were subject to recent court decisions of general significance: (a) transportation under a state open enrollment law, and (b) compensatory education and other relief from stay-put violation. Click here to download the update and read more.
July 2020 Legal Update
This month’s update concerns issues that were subject to recent court decisions of general significance: (a) child find, evaluation, eligibility, and remedies for a child with excessive absenteeism, and (b) transfer of rights upon reaching the age of majority. Click here to download the update and read more.
COVID-19 (IDEA and § 504) Case Law: Limited Beginnings and Potential Analogies
June 30, 2020 The primary two-part question arising under the IDEA and Section 504 as a result of the COVID-19 pandemic are (a) has the district denied FAPE to the eligible child and, if so, (b) what is the resulting relief, typically but not exclusively in the form of compensatory education? Beyond the collective policy… Continue reading COVID-19 (IDEA and § 504) Case Law: Limited Beginnings and Potential Analogies
June 2020 Legal Update
This month’s update concerns two issues that were subject to recent court decisions of general significance: (a) FAPE in a dyslexia methodology case, and (b) parents who proceed in due process hearings without an attorney. Click here to download the update and read more.
May 2020 Legal Update
This month’s update concerns two issues that were subject to recent court decisions of general significance: (a) the school district of residence’s IDEA obligations to students in private schools, and (b) liability for defamation arising from the special education context. Click here to download the update and read more.
