December 2018 Legal Update

This month’s update concerns two issues subject to recent court decisions and of practical significance: (a) juvenile justice proceedings for students with disabilities, as illustrated by Commonwealth v. Geordi G. (Mass. Ct. App. 2018); and (b) the meaning of “placement” along with the interaction between the IDEA’s adjudicative and investigative dispute resolution mechanisms, as illustrated by Steven R.F. v. Harrison School District No. 2 (D. Colo. 2018).

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November 2018 Legal Update

This month’s legal alert summarizes two new cases. First, Avaras v. Clarkstown Central School District (2018) addresses various current issues, including the possible child find-RTI connection. Second, Johnson v. Boston Public Schools (2018), illustrates the generally nondramatic impact of Endrew F. These various issues are further explained and updated in various articles listed in the “Publications” section of perryzirkel.com.

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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 schools (“Legal Obligations to Students with Disabilities in Private Schools”).

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November Legal Update

November’s legal alert summarizes two recent federal appeals court decisions that respectively illustrate the scope of (a) the Section 504/ADA non-interference protection for special education personnel (Frakes v. Peoria School District No. 150 (2017)), and (b) the “prevailing party” status of parents for IDEA attorneys’ fees (Walter D. Palmer Leadership Learning Partners Charter School (2017)).

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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.), and eligibility for extended school year (ESY).

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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 and the ADA, and (2) D.L. v. Clear Creek Independent School District (2017) for special education eligibility under the IDEA.

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