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
Tag: Section 504
Special Supplement: Section 504 Eligibility Form
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.
May 2018 Legal Update
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
March 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
January 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
August 2017 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
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
March 2017 Legal Update #1, including Sec. 504 Eligibility Form
This month’s update provides the highlights and practical implications of one major legal development, plus a customizable Section 504 eligibility form: The U.S. Supreme Court issued a decision on Feb. 22, 2017 that demarcated the scope of the IDEA’s exhaustion provision, which concerns whether parents must complete the impartial hearing process before proceeding in court. In… Continue reading March 2017 Legal Update #1, including Sec. 504 Eligibility Form
October 2016 Legal Update
This month's alert provides the following additions to your legal currency: A new Second Circuit decision holds that eligibility under the IDEA does not necessarily mean eligibility under Section 504 and its sister statute, the Americans with Disabilities Act (ADA). The Supreme Court agrees to decide two special education cases, with one (Endrew F.) being centrally… Continue reading October 2016 Legal Update
September Legal Update
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… Continue reading September Legal Update
Perry A. Zirkel 