During 2017 the U.S. Supreme Court has again refreshed our understanding concerning the rights of special needs students, having held that an appropriate education for a student with a disability is one that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. [1] With this decision, we […]
The Substantive Standard of the IDEA Read More »
Detailed procedural provisions lie at the heart of the Individuals with Disabilities Education Act (“IDEA”). [1] In order to achieve the goal of providing all children with eligible disabilities with a Free Appropriate Public Education (“FAPE”), the IDEA statute requires that the states comply with “extensive procedural rights and safeguards” in order to receive federal funds
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To be successful on a Section 504 claim, a plaintiff must put forth evidence that she was “denied a federal benefit because of h[er] disability.” [1] Furthermore, it must be the product of deliberate or reckless indifference to the student’s federally protected rights, i.e. the school district must act with “bad faith or gross misjudgment.”
Raising a 504 Claim Read More »
The term “related services” is defined as transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including rehabilitation counseling, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only)
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“Special education” is defined by the Individuals with Disabilities Education Act (“IDEA”) as specially designed instruction, at no cost to parents or guardians, to meet the unique needs of a child with a disability, including: (A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (B) instruction
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The Individuals with Disabilities Education Act (“IDEA”) is a comprehensive statutory framework established by Congress to aid the states in providing disabled children with a Free Appropriate Public Education (“FAPE”). [1] “A [FAPE] is available to all children with disabilities residing in the state between the ages of 3 and 21.” [2] The IDEA defines