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 facts of the case across the top… Continue reading MONTHLY LEGAL UPDATES
Monthly Legal Updates
The Latest Section 504 Eligibility Rates
Based on the recent public release of CRDC data for the 2020–21 school year, by clicking on the links below, this Special Supplement provides: respective articles summarizing the percentage rate of Ҥ 504-only” for these successive levels: states school districts with more than 1250 students public schools with more than 250 students specific listings in… Continue reading The Latest Section 504 Eligibility Rates
April 2024 Legal Update
This month’s update identifies recent court decisions that respectively illustrate, within the context of jurisdictional variation, (1) the differences in substantive standards under the IDEA and Section 504/ADA, and (2) the variety of claims under the IDEA, including free appropriate public education (FAPE), functional behavioral assessments (FBAs)/behavior intervention plans (BIPs), extended school year (ESY), and… Continue reading April 2024 Legal Update
March 2024 Legal Update
This month’s update identifies recent court decisions that respectively illustrate (1) the IDEA’s state complaint process, which is investigative rather than adjudicative, and (2) a variety of IDEA issues, including independent educational evaluations (IEEs) at public expense and FAPE during the shift to virtual instruction due to the COVID-19 pandemic. Download the update and read… Continue reading March 2024 Legal Update
National Compilation of Case Law from 1998 to the end of 2023 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 26 years from 1998 to December 31, 2023. The selection is largely limited to the court… Continue reading National Compilation of Case Law from 1998 to the end of 2023 under the IDEA and Section 504/ADA
February 2024 Legal Update
This month’s update identifies recent court decisions that illustrate the application of the IDEA in relation to in-home services, evaluating all areas of suspected disability, and the statute of limitations. Download the update and read more.
January 2024 Legal Update
This month’s update identifies recent court decisions that illustrate issues arising from (a) proficiency testing and (b) substantive FAPE, including the IDEA’s statute of limitations. Download the update and read more.
December 2023 Legal Update
This month’s update identifies recent court decisions that illustrate issues arising from teacher advocacy and focusing on student FAPE, respectively. Download the update and read more.
November 2023 Legal Update
This month’s update identifies recent court decisions that illustrate the issues of eligibility, FAPE, and hearing officer remedial authority. Download the update and read more.
October 2023 Legal Update
This month’s update identifies a pair of recent court decisions that address behavior-modification issues. Download the update and read more.
September 2023 Legal Update
This month’s update identifies a pair of recent court decisions that illustrate differences in adjudication of IDEA eligibility and related issues. Download the update and read more.
Perry A. Zirkel 