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
Category: 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
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
Perry A. Zirkel 