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 the lower courts. When I did that, I came across the case of K.G. v. Bluff-Luton Community School
This 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.”
- “Since I don’t want your money, I can do what I want.”
- “A cool website is more important than an accessible website.
…
Endrew 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 The decision contains stirring language, and is a huge victory for students with disabilities with IEP’s. It will also fundamentally…
Fry 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 case, but I thought I would share my thoughts here. The blog entry is divided into three categories: …
2017 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. Congress before. There are a couple of interesting bills that are worth discussing and so here goes.…
ADA/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 pasted the entry from word into the appropriate box in word press (word press is
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Service dogs: you may be surprised how much there is to think about
Why 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 regulations; as guidances they are not regulations and so therefore are subject to being ignored by the…
If a child has an IEP and gets a service dog, must they exhaust administrative remedies before proceeding to the court house if the school refuses the service dog?
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 and other kinds of dogs that a person with a disability may have with respect to how they would likely hold up under…
If you waive one law, do you waive others? Intersection of IDEA, § 504, and the ADA
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), § 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). IDEA is a law that demands a student with a disability…