Monthly 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

Monthly 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.

Monthly Legal Update

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.

Monthly Legal Update

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

Monthly Legal Update

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… Continue reading February 2019 Legal Update

Monthly Legal Update

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. Click… Continue reading January 2019 Legal Update

Monthly Legal Update

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… Continue reading December 2018 Legal Update