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
May 2023 Legal Update
This month’s update identifies a pair of recent court decisions that illustrate the increasing, although here inconclusive, use of § 504/ADA as an addition or alternative to the IDEA. Download the update and read more.
April 2023 Legal Update
This month’s update identifies a pair of recent court decisions that illustrate differing adjudicative systems and approaches for FAPE and related issues. Download the update and read more.
The Latest Supreme Court “Special Education” Decision: Perez v. Sturgis Public Schools
The Supreme Court issued its latest decision within the K–12 context of the IDEA and Sec. 504/ADA on March 21, 2023. Several misunderstandings arose as to the legal meaning and practical effects of the decision. Download and read my impartial interpretation. Also this week, the latest article, "How Good Must a 504 Plan Be to… Continue reading The Latest Supreme Court “Special Education” Decision: Perez v. Sturgis Public Schools
March 2023 Legal Update
This month’s update identifies recent court decisions that illustrate various IDEA issues, including the statute of limitations, the duty to assess all areas of suspected disability, and the continuing residue of virtual instruction during the pandemic period. Download the update and read more.
National Compilation of Case Law 1998 to the Present Under the IDEA and Section 504/ADA
This document provides, in chronological order by basic topic (such as identification, FAPE, LRE, and remedies), the citations and descriptors for the major court rulings under the IDEA and, as a final corresponding category, under Section 504. It covers the 25 years from 1998 to December 31, 2022. The selection is largely limited to the court… Continue reading National Compilation of Case Law 1998 to the Present Under the IDEA and Section 504/ADA
February 2023 Legal Update
This month’s update identifies recent major court decisions that illustrate applications of Section 504 and the Americans with Disabilities Act (ADA) to relatively novel situations. Download the update and read more.
January 2023 Legal Update
This month’s update identifies recent court decisions that illustrate the intersection of the continuing IDEA issues of child find and least restrictive environment (LRE) with current concerns, such as threats of school shootings and interpretations of the Supreme Court’s Endrew F. decision, respectively. Download the update and read more.
December 2022 Legal Update
This month’s update identifies recent court decisions addressing IDEA issues arising during the extended pandemic period, warranting special consideration of districts’ FAPE obligation. Download the update and read more.
November 2022 Legal Update
This month’s update identifies two recent court decisions addressing a range of IDEA issues, including child find and both the procedural and substantive dimensions of FAPE. Download the update and read more.
October 2022 Legal Update
This month’s update identifies two recent court decisions addressing two IDEA issues — eligibility determinations and settlement agreement waivers. Download the update and read more.
Perry A. Zirkel 