National Case Law Update 2022

Friday AM

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 purpose will be to identify current trends and emerging issues.  The primary focus will be 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 tuition reimbursement and compensatory education.  Overall, Dr. Zirkel will highlight recent developments with practical implications for various role groups, including parent and school attorneys, special education supervisors/directors, hearing officers, and SEA personnel.

Friday PM

A Legal Snapshot of COVID-19 Issues for Public Schools, with the Primary Focus on Special Education   (NEW)

Dr. Zirkel, presenter

Mr. Taylor, reactor

This session will provide a one-year update of the legal activity under the IDEA against the backdrop of claims under Section 504 and various other legal bases, arising from the COVID-19 pandemic.  The IDEA legal activity includes not only hearing/review officer and court decisions but also both SEA and OCR complaint investigation decisions.  The other legal claims extend to parent and teacher suits under the federal and state constitutions.  The IDEA focus consists of an analysis of the frequency and outcomes of the major claims, such as the adjudicative issues of stay-put and exhaustion; the implementation and other dimensions of FAPE; and the calculation and implementation of compensatory education, including the role of the federal guidance for “compensatory services.”