This month’s update concerns two issues that were subject to recent court decisions and are of practical significance: (a) child find and eligibility under Section 504 v. the IDEA; and, as a variation and extension of last month’s legal alert, (b) the district of residence’s obligations to a student with disabilities during the student’s placement… Continue reading February 2019 Legal Update
As a follow-up to the October legal update, this Special Supplement provides an alternate 504 eligibility form, which provides a different graphic to show the applicable frame of reference for the often critical third essential element--"substantial" limitation. The Publications section provides a newly posted article under the "Section 504 and ADA" subheading explaining the legal… Continue reading Special Supplement: Alternate 504 Eligibility Form
This monthly legal alert provides, as a follow up to the state-level analysis in the July 2018 update, both district-level and school-level analyses of the rate of 504-only students (i.e., those with 504 plans, not IDEA IEPs). Click here to download the update and read more.
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 monthly legal alert addresses an IDEA issue and a Section 504 issue. First is the summary of a recent federal appellate court decision concerning the IDEA's LRE mandate --B.E.L. v. Hawaii (2018). The second is a recently published article reporting the national and state-by-state percentages of "504-only" students. Click here to download the update… Continue reading June 2018 Legal Update
In my interaction with participants at my various presentations around the country, the request for my Sec. 504 eligibility form has become more and more frequent. The form, which may be customized with due acknowledgment, is attached here for your convenience. Click here to download the Section 504 Eligibility Form.
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
This month's legal alert focuses on two recent cases with costly consequences, one arising from a student’s concussion (Lincoln-Sudbury Regional School District v. Mr. and Mrs. W. (2018)), and the other, the failure to have the IEP ready at the start of the school year (School District of Philadelphia v. Kirsch (2018)). Click here to… Continue reading March 2018 Legal Update
This monthly legal alert, as a wider view to start the new year, provides two over-arching legal developments: (a) a six-month look at the lower court progeny of the Supreme Court’s Endrew F. decision, and (b) the latest data on the incidence of students on 504 plans. Click here to download the update and read… Continue reading January 2018 Legal Update
This latest monthly legal alert summarizes two recent officially published federal court decisions, I.Z.M. v. Rosemount-Apple Valley-Eagan School District (2017) and I.L. v. Knox County School District (2017), that illustrate a wide range of continuing and emerging issues under the IDEA and Section 504/ADA, including accessible instructional materials, state seclusion/restraints laws, and state education agency (SEA)… Continue reading August 2017 Legal Update