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” section of perryzirkel.com.
This legal alert focuses on two recent cases, one including the intersection of child find and RTI under the IDEA (M.G. v. Williamson County Schools (2018)), and the other concerning the IDEA remedies for stay-put violations (Doe v. East Lyme Board of Education (2015, 2017)).
This month’s alert provides the following additions to your legal currency:
- Court decisions specific to response to intervention (RTI) continue to be limited in number, legal weight, and implementation guidance. A recent decision from Connecticut is a partial exception.
- My recent legal update specific to gifted students, published in the current issue of the Journal for Education of the Gifted (v. 39, pp. 315–337), partly overlaps with the law specific to students with disabilities.
As a new feature, my site will periodically highlight major new legal developments. This first one (PDF linked below) addresses these three significant additions to your legal currency:
- new ADA regulations that expand eligibility for 504 plans
- a Ninth Circuit decision that raises IDEA eligibility issues for proactive practices in general education, such as RTI
- one of the relevant changes as a result of the ESSA replacing the NCLB