This month’s update identifies two recent court decisions addressing two IDEA issues — eligibility determinations and settlement agreement waivers. Download the update and read more.
Tag: IDEA eligibility
August 2022 Legal Update
This month’s update identifies two recent court decisions addressing various FAPE issues, including the foundational role of evaluations and, in the second case, the overlay of Section 504. Download the update and read more.
March 2022 Legal Update
This month’s update identifies court decisions that address current issues for students with disabilities, including not only eligibility, but also free appropriate public education (FAPE) under Endrew F. in the context of the high-stakes remedy of tuition reimbursement. Download the update and read more.
July 2020 Legal Update
This month’s update concerns issues that were subject to recent court decisions of general significance: (a) child find, evaluation, eligibility, and remedies for a child with excessive absenteeism, and (b) transfer of rights upon reaching the age of majority. Click here to download the update and read more.
January 2020 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) liability for money damages under the IDEA, and (b) the reverse effect of general education interventions on IDEA child find and eligibility. Click here to download the update and read more.
December 2019 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the continuing issue of the need prong for eligibility under the IDEA, and (b) the occasional issue of “reverse attorneys’ fees,” i.e., where the district rather than the parent is the party seeking payment. Click here to… Continue reading December 2019 Legal Update
September 2019 Legal Update
This month’s update concerns issues that were subject to recent, published federal court decisions and are of general significance: (a) the longstanding but continuing application of the two-part test for eligibility under the IDEA, and (b) the new, difficult issue of medical marijuana when legally prescribed for students with disabilities. Click here to download the… Continue reading September 2019 Legal Update
March 2019 Legal Update
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
July 2018 Legal Update
This monthly legal alert addresses Section 504 and IDEA issues, respectively. First is an update of the national and state-by-state percentages of “504-only” students. Second is the summary of a recent federal appellate court decision concerning child find and eligibility IDEA. Click here to download and read more.
July 2017 Legal Update
This monthly legal alert reports two very recent cases that illustrate the continuing litigation concerning two major issues for students with disabilities--peer harassment, including bullying, and special education eligibility, including the "need prong." Both are from the Fifth Circuit Court of Appeals: (1) Doe v. Columbia-Brazoria Independent School District (2017) for peer harassment under Section 504… Continue reading July 2017 Legal Update
Perry A. Zirkel 