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.
Tag: FBA-BIP
April 2024 Legal Update
This month’s update identifies recent court decisions that respectively illustrate, within the context of jurisdictional variation, (1) the differences in substantive standards under the IDEA and Section 504/ADA, and (2) the variety of claims under the IDEA, including free appropriate public education (FAPE), functional behavioral assessments (FBAs)/behavior intervention plans (BIPs), extended school year (ESY), and… Continue reading April 2024 Legal Update
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
October 2023 Legal Update
This month’s update identifies a pair of recent court decisions that address behavior-modification issues. Download the update and read more.
January 2021 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing (a) FAPE via another case in the direct line after Endrew F., and (b) employee rights emanating from the special education context, here via the case of a terminated teacher during the ongoing COVID-19 crisis. Download the update and read more.
October 2020 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing the questions of (a) whether a functional behavioral assessment (FBA) qualifies as an evaluation under the IDEA, and (b) to what extent a school nurse’s advocacy on behalf of students with disabilities provides legal protection from adverse employment action. Download the update and… Continue reading October 2020 Legal Update
Perry A. Zirkel 