This month’s update identifies recent court decisions that illustrate issues arising from (a) proficiency testing and (b) substantive FAPE, including the IDEA’s statute of limitations. Download the update and read more.
Tag: employee rights
December 2023 Legal Update
This month’s update identifies recent court decisions that illustrate issues arising from teacher advocacy and focusing on student FAPE, respectively. Download the update and read more.
January 2021 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing (a) FAPE via another case in the direct line after Endrew F., and (b) employee rights emanating from the special education context, here via the case of a terminated teacher during the ongoing COVID-19 crisis. Download the update and read more.
October 2020 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing the questions of (a) whether a functional behavioral assessment (FBA) qualifies as an evaluation under the IDEA, and (b) to what extent a school nurse’s advocacy on behalf of students with disabilities provides legal protection from adverse employment action. Download the update and… Continue reading October 2020 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.
November 2019 Legal Update
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
November 2017 Legal Update
November's legal alert summarizes two recent federal appeals court decisions that respectively illustrate the scope of (a) the Section 504/ADA non-interference protection for special education personnel (Frakes v. Peoria School District No. 150 (2017)), and (b) the “prevailing party” status of parents for IDEA attorneys’ fees (Walter D. Palmer Leadership Learning Partners Charter School (2017)).… Continue reading November 2017 Legal Update
Perry A. Zirkel 