This site will periodically highlight major new legal developments, with a focus on student issues under the IDEA and Sec. 504/ADA. To receive these updates via email or WordPress reader, please subscribe. The format for each page of the update, from to bottom, is: a quick summary of the case across the top (yellow row), rulings… Continue reading MONTHLY LEGAL UPDATES
Monthly Legal Updates
August 2020 Legal Update
This month’s update concerns issues that were subject to recent court decisions of general significance: (a) transportation under a state open enrollment law, and (b) compensatory education and other relief from stay-put violation. Click here to download the update and read more.
July 2020 Legal Update
This month’s update concerns issues that were subject to recent court decisions of general significance: (a) child find, evaluation, eligibility, and remedies for a child with excessive absenteeism, and (b) transfer of rights upon reaching the age of majority. Click here to download the update and read more.
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
June 2020 Legal Update
This month’s update concerns two issues that were subject to recent court decisions of general significance: (a) FAPE in a dyslexia methodology case, and (b) parents who proceed in due process hearings without an attorney. Click here to download the update and read more.
May 2020 Legal Update
This month’s update concerns two issues that were subject to recent court decisions of general significance: (a) the school district of residence’s IDEA obligations to students in private schools, and (b) liability for defamation arising from the special education context. Click here to download the update and read more.
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
April 2020 Legal Update
This month’s update concerns two issues that were subject to recent, published federal appeals court decisions of general significance: (a) tuition reimbursement under the IDEA, and (b) over-identification of “504-only” students for unwarranted accommodations. Click here to download the update and read more.
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
March 2020 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) potential liability for bullying behavior by school personnel, and (b) sanctions for the bad-faith litigation conduct of the parties and/or their advocates. Click here to download the update and read more.
February 2020 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the appropriateness of a district’s evaluation in the context of the parents’ request for an independent educational evaluation (IEE) at public expense, (b) the reasonableness of attorneys’ fees in liability litigation for alleged public school physical abuse… Continue reading February 2020 Legal Update
