This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the continuing issue of the need prong for eligibility under the IDEA, and (b) the occasional issue of “reverse attorneys’ fees,” i.e., where the district rather than the parent is the party seeking payment. Click here to… Continue reading December 2019 Legal Update
Author: pzirkel
November 2019 Legal Update
This month’s update highlights two recent federal court decisions that are of general significance: (a) one with multiple issues that extend to evaluation and FAPE under Section 504, and (b) another that illustrates the employee “whistleblower” side of special education. Both decisions are not officially published and are at the trial court level, thus of… Continue reading November 2019 Legal Update
October 2019 Legal Update
This month’s update highlights two recent federal court decisions that are of general significance: (a) an unpublished trial court decision that again illustrates the varying interpretations of the need for special education, and (b) a published appellate court decision with multiple issues, including the “reasonable period” dimension of Child Find. Click here to download the… Continue reading October 2019 Legal Update
September 2019 Legal Update
This month’s update concerns issues that were subject to recent, published federal court decisions and are of general significance: (a) the longstanding but continuing application of the two-part test for eligibility under the IDEA, and (b) the new, difficult issue of medical marijuana when legally prescribed for students with disabilities. Click here to download the… Continue reading September 2019 Legal Update
August 2019 Legal Update
This month’s update concerns issues that were subject to recent, published federal court decisions and are of general significance: (a) exclusionary discipline of students with disabilities on the basis of school safety, and (b) attorneys’ fees for prevailing parents. Click here to download the update and read more.
July 2019 Legal Update
This month’s update concerns issues that were subject to recent federal appeals court decisions and are of general significance: (a) the application of Endrew F. and PRR, and (b) a surprising and puzzling wrinkle in tuition reimbursement jurisprudence. Click here to download the update and read more.
June 2019 Legal Update
This month’s update identifies two new federal appeals court decisions focusing on the substantive dimension of FAPE, with secondary attention to interrelated requirements, such as LRE and transition services. Click here to download the update and read more.
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. Click here to download the update and read more.
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). Click here to download the update and read more.
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. Click… Continue reading March 2019 Legal Update
