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
Tag: Section 504
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
Perry A. Zirkel 