This month’s update provides the highlights and practical implications of one major legal development, plus a customizable Section 504 eligibility form: The U.S. Supreme Court issued a decision on Feb. 22, 2017 that demarcated the scope of the IDEA’s exhaustion provision, which concerns whether parents must complete the impartial hearing process before proceeding in court. In… Continue reading March 2017 Legal Update #1, including Sec. 504 Eligibility Form
Category: Monthly Legal Update
February 2017 Legal Update
This month’s alert provides the following additions to your legal currency: The Second Circuit Court of Appeals, which encompasses CT, NY, and VT and which is the most active federal appeals court under the IDEA, recently issued a significant decision that largely pierces or erodes the methodology barrier. The Supreme Court has held oral arguments… Continue reading February 2017 Legal Update
January 2017 Legal Update
This month’s alert provides the following additions to your legal currency: Court decisions specific to response to intervention (RTI) continue to be limited in number, legal weight, and implementation guidance. A recent decision from Connecticut is a partial exception. My recent legal update specific to gifted students, published in the current issue of the Journal… Continue reading January 2017 Legal Update
December 2016 Legal Update
As the latest additions to your legal currency, this month's alert provides the principal findings of an empirical analysis of the case law concerning the procedural dimension of FAPE, as reported in the following new journal article: Perry A. Zirkel & Allyse Hetrick, (2016). Which procedural parts of the IEP process are most judicially vulnerable? Exceptional Children, 83… Continue reading December 2016 Legal Update
November 2016 Legal Update
November 2016 - As the latest additions to your legal currency, this month's alert identifies these two aspects of the IDEA’s central obligation of “free appropriate public education” (FAPE) that have emerged beyond the procedural and substantive dimensions of FAPE demarcated in Board of Education v. Rowley (1982). The first of these two relatively recent judicially recognized forms of… Continue reading November 2016 Legal Update
October 2016 Legal Update
This month's alert provides the following additions to your legal currency: A new Second Circuit decision holds that eligibility under the IDEA does not necessarily mean eligibility under Section 504 and its sister statute, the Americans with Disabilities Act (ADA). The Supreme Court agrees to decide two special education cases, with one (Endrew F.) being centrally… Continue reading October 2016 Legal Update
September Legal Update
As a new feature, my site will periodically highlight major new legal developments. This first one (PDF linked below) addresses these three significant additions to your legal currency: new ADA regulations that expand eligibility for 504 plans a Ninth Circuit decision that raises IDEA eligibility issues for proactive practices in general education, such as RTI one… Continue reading September Legal Update
Perry A. Zirkel 