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.
Category: Monthly Legal Update
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.
COVID-19 Guidance and Case Law: Winter Update
February 17, 2021 With re-openings increasing across the country on at least a hybrid basis and vaccinations gradually extending to teachers at least in some districts, the outlines of the nature and extent of the FAPE obligation, including the remedies for its denial, are increasingly emerging in recent legal activity specific to students with disabilities.… Continue reading COVID-19 Guidance and Case Law: Winter Update
February 2021 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing (a) FAPE and the remedy of compensatory education, and (b) FAPE and the remedy of tuition reimbursement, along with an added flourish under Section 504 and the Americans with Disabilities Act (ADA). Download the update and read more.
Special Supplement: Section 504 Prevalence Rates per School
Based on the recently issued CRDC data for the 2017-18 school year, this Special Supplement provides the reported percentage of "504-only" students in each school in the country with at least 250 students. Download as PDF Download as XLSX (Please note: we are posting this spreadsheet version based on requests from followers, with the understanding… Continue reading Special Supplement: Section 504 Prevalence Rates per School
January 2021 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing (a) FAPE via another case in the direct line after Endrew F., and (b) employee rights emanating from the special education context, here via the case of a terminated teacher during the ongoing COVID-19 crisis. Download the update and read more.
December 2020 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing issues of (a) settlements for special education students, and (b) system-wide claims arising under COVID-19. Download the update and read more.
COVID-19 Guidance and Case Law: Late Fall Update
November 19, 2020 The pandemic continues, and the ultimate two-part question for parents and school districts still remains open-ended: (a) has the district denied FAPE to the eligible child and, if so, (b) what is the resulting relief, including any compensatory education? In the meantime, the issue for IDEA adjudications keeps reappearing in a potentially… Continue reading COVID-19 Guidance and Case Law: Late Fall Update
November 2020 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing issues of (a) IDEA standards for evaluations (including reevaluations) and (b) FAPE claims arising under COVID-19. Download the update and read more.
