This month’s update concerns issues that were subject to recent federal appeals court decisions and are of general significance: (a) the application of Endrew F. and PRR, and (b) a surprising and puzzling wrinkle in tuition reimbursement jurisprudence. Click here to download the update and read more.
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 summarizes two recent articles, one that is an updated outcomes analysis of the aftermath of Endrew F. upon its first anniversary (“The Aftermath of Endrew F. One Year Later: An Updated Outcomes Analysis”) and the other that is a case law analysis of the obligations to students with disabilities in private… Continue reading May 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
This monthly legal alert, as a wider view to start the new year, provides two over-arching legal developments: (a) a six-month look at the lower court progeny of the Supreme Court’s Endrew F. decision, and (b) the latest data on the incidence of students on 504 plans. Click here to download the update and read… Continue reading January 2018 Legal Update
September's legal alert summarizes two recent officially published federal court decisions, M.L. v. Smith (2017) and F.L v. Board of Education of Great Neck U.F.S.D. (2017). These decisions respectively illustrate (a) a novel issue under the IDEA, and (b) a set of continuing issues, including procedural FAPE (e.g., parental participation), substantive FAPE (e.g., Endrew F.),… Continue reading September 2017 Legal Update
This latest monthly legal alert summarizes two recent officially published federal court decisions, I.Z.M. v. Rosemount-Apple Valley-Eagan School District (2017) and I.L. v. Knox County School District (2017), that illustrate a wide range of continuing and emerging issues under the IDEA and Section 504/ADA, including accessible instructional materials, state seclusion/restraints laws, and state education agency (SEA)… Continue reading August 2017 Legal Update
This latest monthly legal alert examines the immediate effects of the Supreme Court’s Endrew F. decision on current cases specific to the substantive appropriateness of IEPs. A more detailed analysis is forthcoming in the following article, which will be posted on perryzirkel.com after publication later this month: Perry A. Zirkel, “The Supreme Court’s Decision in… Continue reading May 2017 Legal Update
This month has a special second alert for the Supreme Court's March 22, 2017 decision in Endrew F. v. Douglas County School District RE-1, which revisited and refined the Rowley (1982) interpretation of the substantive standard for IEPs. Click to read my immediate "take" on this centrally significant decision, which directly addresses one side of FAPE and… Continue reading March 2017 Legal Update #2: Special Issue for Endrew F.