This month’s legal alert summarizes two new cases. First, Avaras v. Clarkstown Central School District (2018) addresses various current issues, including the possible child find-RTI connection. Second, Johnson v. Boston Public Schools (2018), illustrates the generally nondramatic impact of Endrew F. These various issues are further explained and updated in various articles listed in the “Publications”… Continue reading November 2018 Legal Update
Author: pzirkel
Special Supplement: Alternate 504 Eligibility Form
As a follow-up to the October legal update, this Special Supplement provides an alternate 504 eligibility form, which provides a different graphic to show the applicable frame of reference for the often critical third essential element--"substantial" limitation. The Publications section provides a newly posted article under the "Section 504 and ADA" subheading explaining the legal… Continue reading Special Supplement: Alternate 504 Eligibility Form
October 2018 Legal Update
This monthly legal alert provides, as a follow up to the state-level analysis in the July 2018 update, both district-level and school-level analyses of the rate of 504-only students (i.e., those with 504 plans, not IDEA IEPs). Click here to download the update and read more.
September 2018 Legal Update
This monthly legal alert addresses the significant rulings of two recent federal appeals court decisions— Krawietz v. Galveston Independent School District (2018), which reinforced the ad hoc nature of school district's ongoing obligation of “child find” under the IDEA, and L.H. v. Hamilton County Department of Education (2018), which provided a new twist on both least… Continue reading September 2018 Legal Update
August 2018 Legal Update
This month's legal alert addresses three significant IDEA issues. In Burnette v. San Mateo-Foster City School District, the Ninth Circuit Court of Appeals answered whether a child find violation entitles the parents to a remedy when the child is determined not to be eligible, and whether child-identified e-mails that are not part of the child's… Continue reading August 2018 Legal Update
Perry A. Zirkel 