Monthly Legal Updates

Special Supplement

COVID-19 Guidance and Case Law: Late Fall Update

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

Monthly Legal Update

October 2020 Legal Update

This month’s update identifies recent court decisions of general significance, specifically addressing the questions of (a) whether a functional behavioral assessment (FBA) qualifies as an evaluation under the IDEA, and (b) to what extent a school nurse’s advocacy on behalf of students with disabilities provides legal protection from adverse employment action. Download the update and… Continue reading October 2020 Legal Update

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

Monthly Legal Update

September 2020 Legal Update

This month’s update identifies recent court decisions that illustrate the significance, in some cases, of the parties’ course of conduct as perceived by the court. This judicial balancing of reasonableness and good faith, referred to as the “equities,” is not limited to the remedies, such as tuition reimbursement. It also extends with less frequent prominence… Continue reading September 2020 Legal 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