Special Education Law Annual Review 2021

Introduction
1 The US Department of Education, the IDEA, and Section 504
2 Policy Letters from the US Department of Education
2.1 Dear Colleague Letters
2.2 Guidance from the Office of Special Education Programs (OSEP)
3 A Primer on Dispute Resolution Under the IDEA and Section 504
3.1 Dispute Resolution
3.2 Special Education Disputes in the Federal Court System
3.3 Published and Unpublished Decisions
3.4 Researching Cases Online
4 Topics Covered by US Courts of Appeals in 2021
4.1 504 Implementation
4.2 Attorney's Fees
4.3 Cause of Action
4.4 Charter Schools
4.5 Child Find
4.6 Coronavirus
4.7 Corporal Punishment
4.8 Deliberate Indifference
4.9 Discrimination
4.10 Eligibility
4.11 Emotional Disturbance
4.12 Evaluation
4.13 Fourth Amendment Rights
4.14 Free Appropriate Public Education
4.15 Frivolous Lawsuit
4.16 Exhaustion of Administrative Remedies
4.17 Harassment
4.18 Homebound
4.19 Identification
4.20 IEP
4.21 Independent Educational Evaluations
4.22 Initial IEP
4.23 IQ Testing
4.24 Judicial Review
4.25 Jurisdiction
4.26 Maintenance of Program
4.27 Masks
4.28 Mootness
4.29 Paraprofessional
4.30 Private School Reimbursement
4.31 Procedural Matters
4.32 Procedural Violations
4.33 Qualified Immunity
4.34 Referral
4.35 Relationship between Conduct and Disability
4.36 Retaliation
4.37 Safety
4.38 Settlement Agreements
4.39 Sexual Assault
4.40 Stay Put
5 Case Summaries by Circuit
5.1 Summary of a Ruling by the US Supreme Court
5.2 Summaries of Rulings from the US Court of Appeals for the Second Circuit
5.3 Summaries of Rulings from the US Court of Appeals for the Third Circuit
5.4 Summaries of Rulings from the US Court of Appeals for the Fourth Circuit
5.5 Summaries of Rulings from the US Court of Appeals for the Fifth Circuit
5.6 Summaries of Rulings from the US Court of Appeals for the Sixth Circuit
5.7 Summaries of Rulings from the US Court of Appeals for the Ninth Circuit
5.8 Summaries of Rulings from the US Court of Appeals for the Tenth Circuit
5.9 Summaries of Rulings from the US Court of Appeals for the Eleventh Circuit
6 Case Studies
6.1 How Much Supervision Is Enough?
6.2 Providing Services
6.3 How Much Progress Monitoring?
6.4 How Much Is a Request?
6.5 The IDEA's "Child Find" Provision: Whose Legal Responsibility Is It?
6.6 Is There a Preference for Mediation-Based Approaches to Special Education Disputes?
Glossary of Legal Terms
References
Index
About the Authors