This month’s update identifies recent, appeals court decisions illustrating the remedial consequences of child find violations under the IDEA and the liability consequences of bullying claims under Section 504. Download the update and read more.
Author: pzirkel
September 2021 Legal Update
This month’s update identifies recent court decisions illustrating the IDEA issues of “stay-put” and “reverse” attorneys’ fees. Download the update and read more.
August 2021 Legal Update
This month’s update identifies recent court decisions illustrating the evolving COVID-19 issues and answers under various legal bases, including but extending beyond IDEA and § 504. Download the update and read more.
COVID-19 Guidance and Case Law: Summer Update
July 13, 2021 With many schools having resumed full in-person instruction by this past spring semester or planning for it for the start of the new school year, the frequency and outcomes of pandemic-related legal issues are becoming clearer. The courts are slow in reaching definitive results, but the administrative level of state complaint and… Continue reading COVID-19 Guidance and Case Law: Summer Update
July 2021 Legal Update
This month’s update identifies recent court decisions illustrating (1) the evolving COVID-19 issues and answers under various legal bases, and (2) the continuing child find and FAPE interpretations and applications under the IDEA. Download the update and read more [PDF]. Additionally, the bonus article, Post Pandemic “Compensatory Services” [PDF] is an overview of the current… Continue reading July 2021 Legal Update
June 2021 Legal Update
This month’s update identifies recent court decisions illustrating the multi-step analysis and equitable nature of tuition reimbursement. These two cases include the issue of transition respectively as an implicit student-specific placement provision and as an explicit age-specific IDEA requirement. Download the update and read more.
May 2021 Legal Update
This month’s update identifies recent court decisions respectively illustrating (a) the statute of limitations and substantive FAPE standard under the IDEA, and (b) the alternative of Fourteenth Amendment and Section 504/ADA claims for students with disabilities. Download the update and read more.
April 2021 Legal Update
This month’s update identifies recent court decisions respectively illustrating (a) the interaction of IDEA with Section 504/ADA and (b) the ongoing evolution of FAPE analysis and remedies. Download the update and read more.
Legal Decisions for Special Education COVID-19 Issues: Emerging Answers
This article provides, in a user-friendly form, a current snapshot of the IDEA's leading issues and emerging answers arising under the pandemic. It is being shared here with the permission of the Council of Administrators of Special Education (CASE). Download the article and read more.
March 2021 Legal Update
This month’s update identifies recent court decisions addressing issues of “twice-exceptional” students under the IDEA and, alternatively or additionally, Section 504. Download the update and read more.
