Monthly Legal Update, Special Supplement

COVID-19 (IDEA and § 504) Case Law: Limited Beginnings and Potential Analogies

June 30, 2020 The primary two-part question arising under the IDEA and Section 504 as a result of the COVID-19 pandemic are (a) has the district denied FAPE to the eligible child and, if so, (b) what is the resulting relief, typically but not exclusively in the form of compensatory education? Beyond the collective policy… Continue reading COVID-19 (IDEA and § 504) Case Law: Limited Beginnings and Potential Analogies

Monthly Legal Update, Special Supplement

COVID-19 and K-12 Students with Disabilities: A Second Legal Look

April 13, 2020 The COVID-19 pandemic and its legal implications for students with disabilities continues to be subject to not only changes from day to day but also variance among both the states and the school districts within them. And due to the literally and legally “unprecedented” situation, many unknowns still loom large. Since my… Continue reading COVID-19 and K-12 Students with Disabilities: A Second Legal Look

Monthly Legal Update

April 2020 Legal Update

This month’s update concerns two issues that were subject to recent, published federal appeals court decisions of general significance: (a) tuition reimbursement under the IDEA, and (b) over-identification of “504-only” students for unwarranted accommodations. Click here to download the update and read more.

Monthly Legal Update, Special Supplement

COVID-19 and K-12 Students with Disabilities: Initial Guidance

March 20, 2020 The COVID-19 pandemic and its legal implications for students with disabilities are subject to not only changes from day to day but variance among both the states and the school districts within them. Thus far the U.S. Department of Education (USDE) has issued various guidance documents (see https://www.ed.gov/coronavirus), which include the Office… Continue reading COVID-19 and K-12 Students with Disabilities: Initial Guidance

Monthly Legal Update

March 2020 Legal Update

This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) potential liability for bullying behavior by school personnel, and (b) sanctions for the bad-faith litigation conduct of the parties and/or their advocates. Click here to download the update and read more.

Monthly Legal Update

February 2020 Legal Update

This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the appropriateness of a district’s evaluation in the context of the parents’ request for an independent educational evaluation (IEE) at public expense, (b) the reasonableness of attorneys’ fees in liability litigation for alleged public school physical abuse… Continue reading February 2020 Legal Update