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.
Tag: IEE
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
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