National Case Law Update

Friday AM

National Case Law Update

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Dr. Perry Zirkel (Lehigh University Professor emeritus of education and law), presenter

This session will provide a fast-paced and well-organized year in review of published court decisions under the Individuals with Disabilities Education Act (IDEA) and, secondarily, under Section 504 and the Americans with Disabilities Act.  The focus will be on identifying current trends and emerging issues, with a primary focus on the latest refinements of the case law specific to the central IDEA obligation of a free appropriate public education (FAPE) and the remedies for denial of FAPE, such as compensatory education.  Dr. Zirkel will highlight recent developments with practical implications for various role groups, including parent and district attorneys, school supervisors, hearing officers, and SEA personnel.


Friday PM

Crystal Ball of Emerging Issues in Special Education Law

Dr. Zirkel, presenter

Join Dr. Zirkel as he predicts issues that may arise during the next few years in terms of case law and statutory/regulatory changes at the federal and state levels. The case law issues are of two separate varieties–1) technical, or adjudicative developments, such as new interpretations of the limitations period for impartial hearings under the IDEA and state law exceptions to the Schaffer rule for burden of persuasion, and 2) practical issues, such as FAPE parental participation cases, FAPE implementation standards, appropriateness of ESY, and the intersection of IDEA and Section 504/ADA. The special addition will be a compilation of recent events that seem to signal a pendulum shift for the immediate and more long-range future in administrative and judicial developments in relation to students with disabilities.