Second Circuit and New York Case Law under the IDEA and Section 504/ADA

February 2013Zirkel_NY

About This Article

With the exception of the District of Columbia, New York is the leading jurisdiction in terms of adjudicated impartial hearings under the Individuals with Disabilities Education Act (IDEA).  Thus, its impartial hearing officers may find it beneficial to have a ready source of the judicial precedents in their jurisdiction.

This annotated outline is a 11/21/12 compilation of most of the published special education decisions issued by the Second Circuit and the courts in New York starting in 1995. It does not extend, however, to technical adjudicative issues, such as statute of limitations and—with a limited exception—stay-put. Moreover, the coverage of the attorneys’ fees cases is only illustrative rather than exhaustive, because they are so numerous and not within the direct province of hearing officers.

The case entries are organized in approximate chronological order within common special education categories under the IDEA, starting with eligibility, FAPE, and LRE, and ending with decisions under Section 504 and the ADA.

Note: Case Law is a very dynamic field, and cases are routinely overturned or modified by subsequent decisions. Articles on this site should not be considered to represent the full breadth of the law or the most current information. For specific, current information, you should consult a legal professional.

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APA Citation:   Zirkel, P. (2012).  Second Circuit and New York case law under the IDEA and Section 504/ADA.  Washington, DC: National Dissemination Center for Children with Disabilities.

Author:  Zirkel, Perry A.

Title:  Second Circuit and New York Case Law under the IDEA and Section 504/ADA.

Year:   2012

Publisher:  National Dissemination Center for Children with Disabilities (NICHCY)

Pages:  1-26

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NICHCY expresses its appreciation to Perry Zirkel for his generous permission to post this article on our website.

This article is copyright free.  You may view, download, print, or save the article’s content for the purposes of research, teaching, and/or private study.  If you plan to reproduce or distribute this article, please include the cover page and provide proper acknowledgement of the author, Perry Zirkel.