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Consider the following fact pattern: Tim is a 17-year-old student with attention deficit hyperactivity disorder (ADHD) and a learning disability. He is caught smoking cigarettes at school for the...
May 18, 2022
One of the key discipline requirements in the IDEA is that students with disabilities must be provided with FAPE, even when they are suspended or expelled from school for reasons unrelated to their...
May 18, 2022
As noted in this chapter, students with disabilities receive a number of protections in the discipline process. These same protections are not available to students without disabilities (unless the...
May 18, 2022
One remedy for procedural violations is to have a hearing officer or court order the school to comply with procedural requirements in the future. What should the remedy be if the school still...
May 18, 2022
1. What kind of notice would be required in a case where parents are illiterate? 2. Suppose a student had a record of severe anxiety on standardized tests. Would the school be required to state in the...
May 18, 2022
The dispute resolution options under the IDEA include the right for parents to file a complaint with the state department of education or a due process complaint. In what circumstances might a parent...
May 18, 2022
In Winkelman, the Supreme Court found that parents could proceed in an IDEA appeal in court without an attorney, because they were representing their own interests. Before the decision, the vast...
May 18, 2022
Before the Schaf er decision, some courts had ruled that the school district always had the burden of proof in a due process hearing, since the school had the obligation to provide FAPE and school...
May 18, 2022
In the Schaf er case, the United States Supreme Court resolved some issues regarding who has the burden of proof at an administrative due process hearing. As noted in this chapter, the Court found...
May 18, 2022
Most special education disputes are now resolved through mediation, resolution sessions, or some other non-adversarial process. Why is that so? What are some of the advantages of resolving the dispute...
May 18, 2022

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