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Articles 1 - 4 of 4
Full-Text Articles in Disability Law
Of Mouseholes And Elephants: The Statute Oflimitations For Impartial Hearings Under Theindividuals With Disabilities Education Act, Perry A. Zirkel
Of Mouseholes And Elephants: The Statute Oflimitations For Impartial Hearings Under Theindividuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
The purpose of this article, in light of the practical significance and the limited literature addressing the IDEA’s hearing level SOL, is to provide a current and concise overview of the case law addressing this specific issue. Part I provides the basic nature and purpose of SOL generally, and specifically how SOL applies to the IDEA’s impartial hearings. Parts II–IV addresses the elements of the SOL statutory provisions in terms of the triggering date, the exceptions, and the duration and effect of the SOL, including the importance of G.L. v. Ligonier Valley School District Authority. Part V provides practice pointers …
Has The Supreme Court’S Schaffer Decision Placed Aburden On Hearing Officer Decision-Making Under Theidea?, Cathy A. Skidmore, Perry A. Zirkel
Has The Supreme Court’S Schaffer Decision Placed Aburden On Hearing Officer Decision-Making Under Theidea?, Cathy A. Skidmore, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article provides a systematic examination of the BOP in hearing officer decisions both before and after Schaffer. Part II examines the legal basis for the BOP both before and after the U.S. Supreme Court decision, resulting in the questions for this study. Part III explains the method used to collect and analyze the data, and Part IV presents the results that answer the specific research questions. Part V discusses those results and the implications of the findings for special education dispute resolution and provides recommendations for further study.
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
Law Student Publications
As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …
From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
University of Richmond Law Review
Part I of this comment provides an overview of IDEA provisions and implementation regulations followed by a review of judicial interpretations in landmark IDEA service delivery cases, specifically the Supreme Court's Rowley ruling. Drawing upon both le-gal and educational scholarship, this analysis then assesses how IDEA's aspirational equality goals ultimately devolved into de facto segregation in special education. Part II considers factors resulting from the Supreme Court's tuition reimbursement rulings that trend away from IDEA's original equality purpose and integration preference to compromise equality in four ways: creating a means-based bias in private school placement; undermining IDEA's cooperative paradigm and …