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
Tag: FBA-BIP
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 