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
Tag: Individuals with Disabilities Education Act (IDEA)
November 2017 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 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
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
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 […]