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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...
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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...
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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...
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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...
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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...
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