July 13, 2021 With many schools having resumed full in-person instruction by this past spring semester or planning for it for the start of the new school year, the frequency and outcomes of pandemic-related legal issues are becoming clearer. The courts are slow in reaching definitive results, but the administrative level of state complaint and… Continue reading COVID-19 Guidance and Case Law: Summer 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
This article provides, in a user-friendly form, a current snapshot of the IDEA's leading issues and emerging answers arising under the pandemic. It is being shared here with the permission of the Council of Administrators of Special Education (CASE). Download the article and read more.
February 17, 2021 With re-openings increasing across the country on at least a hybrid basis and vaccinations gradually extending to teachers at least in some districts, the outlines of the nature and extent of the FAPE obligation, including the remedies for its denial, are increasingly emerging in recent legal activity specific to students with disabilities.… Continue reading COVID-19 Guidance and Case Law: Winter Update
This month’s update identifies recent court decisions of general significance, specifically addressing issues of (a) settlements for special education students, and (b) system-wide claims arising under COVID-19. Download the update and read more.
November 19, 2020 The pandemic continues, and the ultimate two-part question for parents and school districts still remains open-ended: (a) has the district denied FAPE to the eligible child and, if so, (b) what is the resulting relief, including any compensatory education? In the meantime, the issue for IDEA adjudications keeps reappearing in a potentially… Continue reading COVID-19 Guidance and Case Law: Late Fall Update
This month’s update identifies recent court decisions of general significance, specifically addressing issues of (a) IDEA standards for evaluations (including reevaluations) and (b) FAPE claims arising under COVID-19. Download the update and read more.
Here, hot off the press, is a briefing paper that provides a snapshot of the COVID-19 legal activity. It is limited to the two state administrative avenues under the IDEA (due process hearings and written state complaints) as of the end of the first six months of the pandemic. It is the promised follow-up report… Continue reading COVID-19 Legal Activity: Briefing Paper
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].
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