This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) liability for money damages under the IDEA, and (b) the reverse effect of general education interventions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.
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
This month’s update highlights two recent federal court decisions that are of general significance: (a) an unpublished trial court decision that again illustrates the varying interpretations of the need for special education, and (b) a published appellate court decision with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
This month’s update concerns issues that were subject to recent officially-published court decisions and are of practical significance: (a) FAPE variations, including ABA methodology and transition services, and (b) child find and eligibility complications, including the IDEA statute of limitations, in the case of a gifted child with school attendance and mental health problems. Click… Continue reading March 2019 Legal Update
This month’s update concerns two issues that were subject to recent court decisions and are of practical significance: (a) child find and eligibility under Section 504 v. the IDEA; and, as a variation and extension of last month’s legal alert, (b) the district of residence’s obligations to a student with disabilities during the student’s placement… Continue reading February 2019 Legal Update
This month’s legal alert summarizes two new cases. First, Avaras v. Clarkstown Central School District (2018) addresses various current issues, including the possible child find-RTI connection. Second, Johnson v. Boston Public Schools (2018), illustrates the generally nondramatic impact of Endrew F. These various issues are further explained and updated in various articles listed in the “Publications”… Continue reading November 2018 Legal Update
This monthly legal alert addresses the significant rulings of two recent federal appeals court decisions— Krawietz v. Galveston Independent School District (2018), which reinforced the ad hoc nature of school district's ongoing obligation of “child find” under the IDEA, and L.H. v. Hamilton County Department of Education (2018), which provided a new twist on both least… Continue reading September 2018 Legal Update
This month's legal alert addresses three significant IDEA issues. In Burnette v. San Mateo-Foster City School District, the Ninth Circuit Court of Appeals answered whether a child find violation entitles the parents to a remedy when the child is determined not to be eligible, and whether child-identified e-mails that are not part of the child's… Continue reading August 2018 Legal Update
This monthly legal alert addresses Section 504 and IDEA issues, respectively. First is an update of the national and state-by-state percentages of “504-only” students. Second is the summary of a recent federal appellate court decision concerning child find and eligibility IDEA. Click here to download and read more.
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