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
This month’s update identifies two new federal appeals court decisions focusing on the substantive dimension of FAPE, with secondary attention to interrelated requirements, such as LRE and transition services. Click here to download the update and read more.
This month’s update concerns issues that were subject to recent officially-published court decisions and are of practical significance: (a) FAPE variations, including ABA methodology and transition services, and (b) child find and eligibility complications, including the IDEA statute of limitations, in the case of a gifted child with school attendance and mental health problems. Click… Continue reading March 2019 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, 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 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 […]
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.
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… Continue reading February 2017 Legal Update