This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the appropriateness of a district’s evaluation in the context of the parents’ request for an independent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
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) liability for money damages under the IDEA, and (b) the reverse effect of general education interventions on IDEA child find and eligibility. Click here to download the update and read more.
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
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
This monthly legal alert addresses Section 504 and IDEA issues, respectively. First is an update of the national and state-by-state percentages of “504-only” students. Second is the summary of a recent federal appellate court decision concerning child find and eligibility IDEA. Click here to download and read more.
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
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 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
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
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 […]