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Full-Text Articles in Law
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
A recent issue of this journal contained an article that canvassed state laws that added to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The purpose of this follow-up analysis is to supplement the earlier article by canvassing state law provisions specific to the post-hearing stage of IDEA DPHs. The length is relatively brief because (1) the springboard article on the hearing stage provided the detailed foundation, (2) the scope of the post-hearing stage is much more limited, and (3) the previous literature has largely unexplored this stage. Otherwise in accordance with …
Mediation In Education For Foster Care, Anelise Powers
Mediation In Education For Foster Care, Anelise Powers
Pepperdine Dispute Resolution Law Journal
There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to improve …
Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel
Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
The article’s purpose is to stimulate IDEA adjudicators, starting with the specialized and significant level of impartial hearing officers, and to restore the enforceable meaning of the procedural requirements of the IDEA. Doing so will provide a more coherent balance with not only the substantive dimension, but also the other decisional dispute resolution mechanisms of the Act. Part I provides an overview of the procedural structure of the IDEA and the Supreme Court’s framework interpretation. Part II traces the subsequent interpretation of the procedural dimension of FAPE, culminating in the codification of the two-part test in the latest IDEA amendments. …