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
January 2022 Legal Update
This month’s update identifies two court decisions that address current issues, including the provision of ABA services and specialized reading methodologies. Download the update and read more.
December 2021 Legal Update
This month’s update identifies two court decisions that address current issues, including school district mask mandates and special education teachers’ lack of regular certification. Download the update and read more.
COVID-19 Guidance and Case Law: Fall Update
November 10, 2021 Now that most schools have resumed full in-person instruction, the frequency and outcomes of COVID-19 legal issues are becoming clearer. This latest summary provides an update since this past summer’s Special Supplement 9. As explained below, the expected surge in the number and complexity of cases has not surfaced. State complaint decisions… Continue reading COVID-19 Guidance and Case Law: Fall Update
November 2021 Legal Update
This month’s update identifies a pair of recent court decisions that seem to differ from the traditional district-deferential approach in methodology disputes. Download the update and read more.
October 2021 Legal Update
This month’s update identifies recent, appeals court decisions illustrating the remedial consequences of child find violations under the IDEA and the liability consequences of bullying claims under Section 504. Download the update and read more.
September 2021 Legal Update
This month’s update identifies recent court decisions illustrating the IDEA issues of “stay-put” and “reverse” attorneys’ fees. Download the update and read more.
August 2021 Legal Update
This month’s update identifies recent court decisions illustrating the evolving COVID-19 issues and answers under various legal bases, including but extending beyond IDEA and § 504. Download the update and read more.
COVID-19 Guidance and Case Law: Summer Update
July 13, 2021 With many schools having resumed full in-person instruction by this past spring semester or planning for it for the start of the new school year, the frequency and outcomes of pandemic-related legal issues are becoming clearer. The courts are slow in reaching definitive results, but the administrative level of state complaint and… Continue reading COVID-19 Guidance and Case Law: Summer Update
July 2021 Legal Update
This month’s update identifies recent court decisions illustrating (1) the evolving COVID-19 issues and answers under various legal bases, and (2) the continuing child find and FAPE interpretations and applications under the IDEA. Download the update and read more [PDF]. Additionally, the bonus article, Post Pandemic “Compensatory Services” [PDF] is an overview of the current… Continue reading July 2021 Legal Update
June 2021 Legal Update
This month’s update identifies recent court decisions illustrating the multi-step analysis and equitable nature of tuition reimbursement. These two cases include the issue of transition respectively as an implicit student-specific placement provision and as an explicit age-specific IDEA requirement. Download the update and read more.
Perry A. Zirkel 