If you waive one law, do you waive others? Intersection of IDEA, § 504, and...
In the kindergarten through grade 12 context, for students with disabilities, there are actually three laws to be aware of. Those laws are the Individual with Disabilities in Education Act (IDEA), §...
View ArticleIf a child has an IEP and gets a service dog, must they exhaust...
Previously, I have talked about service dog v. therapy dogs. I have also talked about the administrative regulations from the Department of Justice with respect to the difference between service dogs...
View ArticleWhy can’t more guidances be like this one?
I’m not a big fan of guidances for several reasons: I find that lawyers rely on them as a crutch unnecessarily in many cases; the guidances oftentimes push an agenda and are not based on case law or...
View ArticleService dogs: you may be surprised how much there is to think about
Back from vacation and so it is time to get another blog entry up. I have written about service dogs before (they are in reverse chronological order here, here, and here). When it comes to service...
View ArticleADA/Rehabilitation Act Applies to Externship, Internship, and Practicum Sites
I am back from a week of doing the family thing in Chicago. Of course, I need a vacation. That said, nothing like relaxing by putting up a new blog entry. That said, for reasons I don’t know when I...
View Article2017 Legislation of Interest in Congress
Happy new year everyone! Since it is the first blog of 2017, I thought I would start with another first. That is, to the best of my knowledge, we have never discussed pending legislation in the U.S....
View ArticleFry Decided
Last week the United States Supreme Court came down with the decision in Fry v. Napoleon Community Schools, the oral argument of which I discussed here. A whole bunch of people have blogged on the...
View ArticleEndrew Decided
As you know, it is rare that I blog more than once a week. I do make exceptions for extraordinary situations. This is one of those situations. Yesterday, the United States Supreme Court decided Endrew...
View ArticleThis is Outrageous! April Fools:-)
I This is just outrageous!* People shouldn’t say these things, such as:** “I’m not going to change anything with respect to IEP’s. After all, appropriate progress means anything you want it to mean.”...
View ArticleHow is Fry playing out in the lower courts?
In searching for a blog entry to do this week and striking out with my Lexis alert, I thought it might be interesting to see how Fry v. Napoleon Community Schools, discussed here, was playing out in...
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