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Educational Administration and Supervision

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2014

Special education

Articles 1 - 2 of 2

Full-Text Articles in Education

In Defense Of Idea Due Process, Mark Weber Jan 2014

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …


No Idea What The Future Holds: The Retrospective Evidence Dilemma, Dennis Fan Jan 2014

No Idea What The Future Holds: The Retrospective Evidence Dilemma, Dennis Fan

Faculty Scholarship

The Individuals with Disabilities Education Act’s predecessor established a multilevel administrative and judicial review system for special education decisions, and ever since, the volume of special education cases in federal court has ballooned. Most present cases involve disputes over whether the school district drafted an individualized education program capable of providing a child with disabilities a “free appropriate public education.” But what evidence parties can bring to these disputes is not settled. Circuit courts are split on whether “retrospective evidence” — evidence that arises after the school district drafts the individualized education program — is admissible. This Note addresses present …