Monthly Legal Updates

Monthly Legal 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

Special Supplement

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

Monthly Legal Update, Special Supplement

COVID-19 (IDEA and § 504) Case Law: Limited Beginnings and Potential Analogies

June 30, 2020 The primary two-part question arising under the IDEA and Section 504 as a result of the COVID-19 pandemic are (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? Beyond the collective policy… Continue reading COVID-19 (IDEA and § 504) Case Law: Limited Beginnings and Potential Analogies

Monthly Legal Update, Special Supplement

COVID-19 and K-12 Students with Disabilities: A Second Legal Look

April 13, 2020 The COVID-19 pandemic and its legal implications for students with disabilities continues to be subject to not only changes from day to day but also variance among both the states and the school districts within them. And due to the literally and legally “unprecedented” situation, many unknowns still loom large. Since my… Continue reading COVID-19 and K-12 Students with Disabilities: A Second Legal Look

Monthly Legal Update

April 2020 Legal Update

This month’s update concerns two issues that were subject to recent, published federal appeals court decisions of general significance: (a) tuition reimbursement under the IDEA, and (b) over-identification of “504-only” students for unwarranted accommodations. Click here to download the update and read more.

Monthly Legal Update, Special Supplement

COVID-19 and K-12 Students with Disabilities: Initial Guidance

March 20, 2020 The COVID-19 pandemic and its legal implications for students with disabilities are subject to not only changes from day to day but variance among both the states and the school districts within them. Thus far the U.S. Department of Education (USDE) has issued various guidance documents (see https://www.ed.gov/coronavirus), which include the Office… Continue reading COVID-19 and K-12 Students with Disabilities: Initial Guidance