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 schools (“Legal Obligations to Students with Disabilities in Private Schools”).
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.
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.), and eligibility for extended school year (ESY).
This latest monthly legal alert summarizes a recent published, federal appellate court decision that is significant for its multiple issue rulings. In M.C. v. Antelope Valley Unified School District (2017), the Ninth Circuit Court of Appeals made several rulings that were completely or partially against the defendant district that appear to have notable implications for special education practice and litigation. Although not at all limited to these particular facts, the child in this case was a high school student who had a genetic disorder that rendered him blind and with a host of developmental delays in all academic areas. This decision is binding only in the nine states in the Far West that encompass the Ninth Circuit. However, it is not unusual for published federal appellate decisions to have a radiating, persuasive effect on other jurisdictions. Some of these rulings are much more likely than others to “stick” in jurisdictions beyond the Ninth Circuit.
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 Endrew F. v. Douglas County School District RE-1: A Meaningful Raising of the Bar,” West’s Education Law Reporter (May 2017).
This month’s alert provides the following additions to your legal currency:
- The Second Circuit Court of Appeals, which encompasses CT, NY, and VT and which is the most active federal appeals court under the IDEA, recently issued a significant decision that largely pierces or erodes the methodology barrier.
- The Supreme Court has held oral arguments in Endrew F. v. Douglas County School District Re-1, and a decision is expected later in this term of the Court, most likely in May or June.