Monthly Legal Update

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… Continue reading December 2018 Legal Update

Monthly Legal Update

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”… Continue reading November 2018 Legal Update

Monthly Legal Update

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… Continue reading May 2018 Legal Update

Monthly Legal Update

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)).… Continue reading November Legal Update

Monthly Legal Update

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.),… Continue reading September 2017 Legal Update

Monthly Legal Update

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

Monthly Legal Update

June 2017 Legal Update

This latest monthly legal alert examines the immediate effects of the Supreme Court’s Endrew F. decision on current cases specific to the substantive appropriateness of IEPs. A more detailed analysis is forthcoming in the following article, which will be posted on perryzirkel.com after publication later this month: Perry A. Zirkel, “The Supreme Court’s Decision in […]

Monthly Legal Update

March 2017 Legal Update #1, including Sec. 504 Eligibility Form

This month’s update provides the highlights and practical implications of one major legal development, plus a customizable Section 504 eligibility form: The U.S. Supreme Court issued a decision on Feb. 22, 2017 that demarcated the scope of the IDEA’s exhaustion provision, which concerns whether parents must complete the impartial hearing process before proceeding in court. In… Continue reading March 2017 Legal Update #1, including Sec. 504 Eligibility Form

Monthly Legal Update

NOVEMBER 2016 LEGAL UPDATE

November 2016 - As the latest additions to your legal currency, this month's alert identifies these  two aspects of the IDEA’s central obligation of “free appropriate public education” (FAPE) that have emerged beyond the procedural and substantive dimensions of FAPE demarcated in Board of Education v. Rowley (1982). The first of these two relatively recent judicially recognized forms of… Continue reading NOVEMBER 2016 LEGAL UPDATE