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
Category: Special Supplement
COVID-19 Legal Activity: Briefing Paper
Here, hot off the press, is a briefing paper that provides a snapshot of the COVID-19 legal activity. It is limited to the two state administrative avenues under the IDEA (due process hearings and written state complaints) as of the end of the first six months of the pandemic. It is the promised follow-up report… Continue reading COVID-19 Legal Activity: Briefing Paper
COVID-19 Legal Activity: Addendum to Early Fall Update
As an addendum to Supplement 5 (COVID-19 Guidance and Case Law: Early Fall Update), here is a snapshot overview of the due process hearing and state complaint activity for COVID-19 issues as of August 31. It is based on a survey of state education agencies. Click here to download the addendum [PDF].
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
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
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
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
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
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
Special Supplement: Section 504 Eligibility Form
In my interaction with participants at my various presentations around the country, the request for my Sec. 504 eligibility form has become more and more frequent. The form, which may be customized with due acknowledgment, is attached here for your convenience. Click here to download the Section 504 Eligibility Form.
Perry A. Zirkel 