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
Tag: FAPE
May 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
January 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 2017 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
June 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 […]
May 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
March 2017 Legal Update #2: Special Issue for Endrew F.
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.
February 2017 Legal Update
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
December 2016 Legal Update
As the latest additions to your legal currency, this month's alert provides the principal findings of an empirical analysis of the case law concerning the procedural dimension of FAPE, as reported in the following new journal article: Perry A. Zirkel & Allyse Hetrick, (2016). Which procedural parts of the IEP process are most judicially vulnerable? Exceptional Children, 83… Continue reading December 2016 Legal Update
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 