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
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This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the appropriateness of a district’s evaluation in the context of the parents’ request for an independent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
January 2020 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) liability for money damages under the IDEA, and (b) the reverse effect of general education interventions on IDEA child find and eligibility. Click here to download the update and read more.
December 2019 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the continuing issue of the need prong for eligibility under the IDEA, and (b) the occasional issue of “reverse attorneys’ fees,” i.e., where the district rather than the parent is the party seeking payment. Click here to… Continue reading December 2019 Legal Update
November 2019 Legal Update
This month’s update highlights two recent federal court decisions that are of general significance: (a) one with multiple issues that extend to evaluation and FAPE under Section 504, and (b) another that illustrates the employee “whistleblower” side of special education. Both decisions are not officially published and are at the trial court level, thus of… Continue reading November 2019 Legal Update
October 2019 Legal Update
This month’s update highlights two recent federal court decisions that are of general significance: (a) an unpublished trial court decision that again illustrates the varying interpretations of the need for special education, and (b) a published appellate court decision with multiple issues, including the “reasonable period” dimension of Child Find. Click here to download the… Continue reading October 2019 Legal Update
September 2019 Legal Update
This month’s update concerns issues that were subject to recent, published federal court decisions and are of general significance: (a) the longstanding but continuing application of the two-part test for eligibility under the IDEA, and (b) the new, difficult issue of medical marijuana when legally prescribed for students with disabilities. Click here to download the… Continue reading September 2019 Legal Update
August 2019 Legal Update
This month’s update concerns issues that were subject to recent, published federal court decisions and are of general significance: (a) exclusionary discipline of students with disabilities on the basis of school safety, and (b) attorneys’ fees for prevailing parents. Click here to download the update and read more.
July 2019 Legal Update
This month’s update concerns issues that were subject to recent federal appeals court decisions and are of general significance: (a) the application of Endrew F. and PRR, and (b) a surprising and puzzling wrinkle in tuition reimbursement jurisprudence. Click here to download the update and read more.
June 2019 Legal Update
This month’s update identifies two new federal appeals court decisions focusing on the substantive dimension of FAPE, with secondary attention to interrelated requirements, such as LRE and transition services. Click here to download the update and read more.
May 2019 Legal Update
This month’s update concerns issues that were subject to recent relevant court decisions and are of general significance: (a) the emerging fourth dimension of FAPE—capability to implement the IEP, and (b) the overlapping issues of the procedural and substantive dimensions of FAPE with LRE. Click here to download the update and read more.
