This month’s update identifies two recent court decisions that respectively address (a) the overlapping complexities of Section 504 in the school context, and (b) the evolving dimensions of FAPE. Download the update and read more.
Tag: failure to implement (FTI)
November 2024 Legal Update
This month’s update identifies two recent court decisions that respectively illustrate the need prong for IDEA eligibility and the staffing shortage in special education. Download the update and read more.
May 2024 Legal Update
This month’s update identifies recent court decisions that respectively illustrate polar interpretations of various IDEA FAPE claims, including the increasing issue of student anxiety. Download the update and read more.
March 2024 Legal Update
This month’s update identifies recent court decisions that respectively illustrate (1) the IDEA’s state complaint process, which is investigative rather than adjudicative, and (2) a variety of IDEA issues, including independent educational evaluations (IEEs) at public expense and FAPE during the shift to virtual instruction due to the COVID-19 pandemic. Download the update and read… Continue reading March 2024 Legal Update
July 2023 Legal Update
This month’s update identifies a pair of recent court decisions that illustrate unusual issues that arise in school districts’ implementation of their IDEA obligations. Download the update and read more.
August 2021 Legal Update
This month’s update identifies recent court decisions illustrating the evolving COVID-19 issues and answers under various legal bases, including but extending beyond IDEA and § 504. Download the update and read more.
COVID-19 Guidance and Case Law: Winter Update
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
COVID-19 Guidance and Case Law: Late Fall Update
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
May 2019 Legal Update
This month’s update concerns issues that were subject to recent relevant court decisions and are of general significance: (a) the emerging fourth dimension of FAPE—capability to implement the IEP, and (b) the overlapping issues of the procedural and substantive dimensions of FAPE with LRE. Click here to download the update and read more.
November 2016 Legal Update
November 2016 - As the latest additions to your legal currency, this month's alert identifies these two aspects of the IDEA’s central obligation of “free appropriate public education” (FAPE) that have emerged beyond the procedural and substantive dimensions of FAPE demarcated in Board of Education v. Rowley (1982). The first of these two relatively recent judicially recognized forms of… Continue reading November 2016 Legal Update
Perry A. Zirkel 