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
Tag: ADA
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
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.
February 2022 Legal Update
This month’s update identifies court decisions that address current issues for students with disabilities, including dyslexia identification/ interventions and masking policies. Download the update and read more.
December 2021 Legal Update
This month’s update identifies two court decisions that address current issues, including school district mask mandates and special education teachers’ lack of regular certification. Download the update and read more.
July 2021 Legal Update
This month’s update identifies recent court decisions illustrating (1) the evolving COVID-19 issues and answers under various legal bases, and (2) the continuing child find and FAPE interpretations and applications under the IDEA. Download the update and read more [PDF]. Additionally, the bonus article, Post Pandemic “Compensatory Services” [PDF] is an overview of the current… Continue reading July 2021 Legal Update
May 2021 Legal Update
This month’s update identifies recent court decisions respectively illustrating (a) the statute of limitations and substantive FAPE standard under the IDEA, and (b) the alternative of Fourteenth Amendment and Section 504/ADA claims for students with disabilities. Download the update and read more.
April 2021 Legal Update
This month’s update identifies recent court decisions respectively illustrating (a) the interaction of IDEA with Section 504/ADA and (b) the ongoing evolution of FAPE analysis and remedies. Download the update and read more.
February 2021 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing (a) FAPE and the remedy of compensatory education, and (b) FAPE and the remedy of tuition reimbursement, along with an added flourish under Section 504 and the Americans with Disabilities Act (ADA). Download the update and read more.
April 2018 Legal Update
This monthly legal alert summarizes two recent cases that are officially published federal appeals court decisions. Mr. P. v. West Hartford Board of Education (2018) illustrates various basic issues under the Individuals with Disabilities Education Act (IDEA). Pollack v. Regional School Unit (2018) identifies a potentially significant additional obligation under the Americans with Disabilities Act (ADA). Click… Continue reading April 2018 Legal Update
Perry A. Zirkel 