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.
Tag: judicial deference
August 2025 Legal Update
This month’s update identifies two recent court decisions that illustrate the continuing evolution of IDEA claims for FAPE and corollary remedies. Download the update and read more.
November 2024 Legal Update
This month’s update identifies two recent court decisions that respectively illustrate the need prong for IDEA eligibility and the staffing shortage in special education. Download the update and read more.
August 2024 Legal Update
This month’s update identifies two recent court decisions that respectively illustrate different specialized aspects of the IDEA—state policy documents and manifestation determinations. Download the update and read more.
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.
April 2023 Legal Update
This month’s update identifies a pair of recent court decisions that illustrate differing adjudicative systems and approaches for FAPE and related issues. Download the update and read more.
May 2021 Legal Update
This month’s update identifies recent court decisions respectively illustrating (a) the statute of limitations and substantive FAPE standard under the IDEA, and (b) the alternative of Fourteenth Amendment and Section 504/ADA claims for students with disabilities. Download the update and read more.
December 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 […]