This month’s update identifies recent court decisions that illustrate various IDEA issues, including the statute of limitations, the duty to assess all areas of suspected disability, and the continuing residue of virtual instruction during the pandemic period. Download the update and read more.
Tag: IDEA evaluation
October 2022 Legal Update
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.
September 2022 Legal Update
This month’s update identifies two recent court decisions addressing various FAPE issues, including the “assess all areas” obligation, and, in the second case, the overlay of Section 504/ADA. Download the update and read more.
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.
July 2022 Legal Update
This month’s update identifies two recent court decisions that respectively address (a) various FAPE issues, including predetermination, and (b) the problematic adjudicative hurdle of “exhaustion.” Download the update and read more.
November 2020 Legal Update
This month’s update identifies recent court decisions of general significance, specifically addressing issues of (a) IDEA standards for evaluations (including reevaluations) and (b) FAPE claims arising under COVID-19. 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
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.
February 2020 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the appropriateness of a district’s evaluation in the context of the parents’ request for an independent educational evaluation (IEE) at public expense, (b) the reasonableness of attorneys’ fees in liability litigation for alleged public school physical abuse… Continue reading February 2020 Legal Update
October 2017 Legal Update
This latest monthly legal alert summarizes two recent officially published federal court decisions, R.E.B. v. Hawaii Department of Education (2017) and Richardson v. District of Columbia (2017), that respectively illustrate (a) an unusually rigorous interpretation of the requirements for IEPs, and (b) the continuing relaxed application of the requirements for evaluations. Click here to download… Continue reading October 2017 Legal Update
Perry A. Zirkel 