This month’s update identifies two recent court decisions that cumulatively revisit the recurring issues of child find, eligibility, substantive FAPE, tuition reimbursement, and IEEs at public expense, with the rising issues of attendance and after-school services. Download the update and read more.
Tag: IEE
October 2025 Legal Update
This month’s update identifies two recent court decisions that illustrate the challenges of determining and remedying denial-of-FAPE claims for students with complex and severe behavioral issues. Download the update and read more.
May 2024 Legal Update
This month’s update identifies recent court decisions that respectively illustrate polar interpretations of various IDEA FAPE claims, including the increasing issue of student anxiety. Download the update and read more.
April 2024 Legal Update
This month’s update identifies recent court decisions that respectively illustrate, within the context of jurisdictional variation, (1) the differences in substantive standards under the IDEA and Section 504/ADA, and (2) the variety of claims under the IDEA, including free appropriate public education (FAPE), functional behavioral assessments (FBAs)/behavior intervention plans (BIPs), extended school year (ESY), and… Continue reading April 2024 Legal Update
March 2024 Legal Update
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
November 2023 Legal Update
This month’s update identifies recent court decisions that illustrate the issues of eligibility, FAPE, and hearing officer remedial authority. Download the update and read more.
August 2023 Legal Update
This month’s update identifies a pair of recent court decisions that illustrate varied IDEA issues arising from, but not at all exclusive to, safety concerns. 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.
April 2021 Legal Update
This month’s update identifies recent court decisions respectively illustrating (a) the interaction of IDEA with Section 504/ADA and (b) the ongoing evolution of FAPE analysis and remedies. 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 