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Full-Text Articles in Education 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 Dec 2023

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, …


Teacher Shortages And The Fundamental Right To Education In California, Chris Yarrell Apr 2023

Teacher Shortages And The Fundamental Right To Education In California, Chris Yarrell

Pepperdine Law Review

That a qualified teacher workforce functions as the most important factor affecting student learning and achievement is beyond dispute. Yet, the right to education—which is a state obligation codified within all fifty 50 state constitutions—has been vindicated largely within the province of school finance litigation. Indeed, for nearly five decades, education litigants have brought school finance disputes in virtually every state, succeeding in more than half of them. Despite the hard-won victories notched by education litigants over this time, however, courts adjudicating school finance disputes have largely failed to move beyond declaring simple proscriptions on facially unequal school funding regimes. …


Impartial Hearings Under The Idea: Updated Legal Issues And Answers, Perry A. Zirkel Feb 2023

Impartial Hearings Under The Idea: Updated Legal Issues And Answers, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This updated question-and-answer document is specific to impartial hearing officers (IHOs) and the hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). The coverage does not extend to the alternate third-party dispute decisional mechanism under the IDEA, the complaint resolution process (CRP) except to the extent that this alternative mechanism intersects with IHO issues. Similarly, the scope only extends secondarily to the IHO’s remedial authority, which is the subject of separate comprehensive coverage. The sources are largely limited to the pertinent IDEA legislation and regulations, court decisions, and the U.S. Department of Education’s Office of Special Education’s …