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Full-Text Articles in Disability Law
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA) provides eligible students with the right to a free appropriate public education (FAPE) as specified in an individualized education program (IEP). An unusual feature of the IDEA is providing the parents of students with disabilities and their school districts with the right to a binding “impartial due process hearing” at the administrative level, subject to appeal. This mechanism for administrative adjudication has been the subject of continuing policy debate and occasional statutory refinements. One of the ongoing concerns in this policy consideration has been the win-loss rate of due process hearings (DPHs). Similarly, …
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer
The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer
Journal of the National Association of Administrative Law Judiciary
This article provides a synthesis of the three approaches to IEP implementation cases. More specifically, Part I summarizes the materiality/benefit approach, which-like the two-step approach for procedural violations but on a more intertwined basis-requires both a substantial non-implementation and an insufficient benefit. Part II summarizes the materiality-alone approach, which requires only a substantial failure. Part III summarizes the per se approach, which results in a denial of FAPE for any failure to implement beyond one that is clearly de minimis. Finally, Part IV provides conclusions and recommendations for IHOs in light of the incomplete precedential pattern to date. The overall …
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.