Special Supplement

COVID-19 Guidance and Case Law: Early Fall Update

September 17, 2020 Remaining as unsettled as the pandemic, the primary two-part question arising under the IDEA and Section 504 as a result of COVID-19 continues to be: (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… Continue reading COVID-19 Guidance and Case Law: Early Fall Update

Special Supplement

COVID-19 Guidance and Case Law: The Next Update

August 12, 2020 The primary two-part question arising under the IDEA and Section 504 as a result of the COVID-19 pandemic is (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? Further Federal Guidance Since… Continue reading COVID-19 Guidance and Case Law: The Next Update

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, 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, Special Supplement

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

Monthly Legal Update, Special Supplement

Special Annual Supplement: Trumping Educational Policy

As a special supplement to the monthly updates, here's a look-back for the year that reveals a shift in the federal education policy as part of President Trump's overall agenda. Although you may well have noticed one or two of these events, the cumulative consistent effect is rather dramatic in terms of the reversal of… Continue reading Special Annual Supplement: Trumping Educational Policy