As an addendum to Supplement 5 (COVID-19 Guidance and Case Law: Early Fall Update), here is a snapshot overview of the due process hearing and state complaint activity for COVID-19 issues as of August 31. It is based on a survey of state education agencies. Click here to download the addendum [PDF].
Monthly Legal Updates
COVID-19 Guidance and Case Law: Early Fall Update
September 17, 2020 Remaining as unsettled as the pandemic, the primary two-part question arising under the IDEA and Section 504 as a result of COVID-19 continues to be: (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… Continue reading COVID-19 Guidance and Case Law: Early Fall Update
September 2020 Legal Update
This month’s update identifies recent court decisions that illustrate the significance, in some cases, of the parties’ course of conduct as perceived by the court. This judicial balancing of reasonableness and good faith, referred to as the “equities,” is not limited to the remedies, such as tuition reimbursement. It also extends with less frequent prominence… Continue reading September 2020 Legal Update
COVID-19 Guidance and Case Law: The Next Update
August 12, 2020 The primary two-part question arising under the IDEA and Section 504 as a result of the COVID-19 pandemic is (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? Further Federal Guidance Since… Continue reading COVID-19 Guidance and Case Law: The Next Update
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.
Perry A. Zirkel 