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The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk Nov 2015

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …


The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education, William G. Ross Jul 2015

The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education, William G. Ross

Akron Law Review

Despite their ringing declarations about human rights, Meyer and Pierce were both formally decided largely on the basis of property rights -- the liberty of the schools to conduct a business, the right of private school teachers to follow their occupation, and the freedom of the schools and the parents to enter into contracts. Although the Court easily could have decided the cases on the bases of freedom of religion or freedom of speech, the Court had not yet incorporated any part of the Bill of Rights into state law, and it was not prepared to begin the process of …


Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho Jul 2015

Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho

Touro Law Review

No abstract provided.


Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard Jun 2015

Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard

University of Massachusetts Law Review

Manifestation Determination Review (MDR) advocacy is difficult regardless of the role of the advocate —whether the advocate is a parent, an advocate, or an attorney. Because the MDR is conducted as an Individualized Education Program (IEP) Team meeting, if consensus cannot be reached, school personnel make the ultimate decision. Therefore, the advocate’s persuasiveness and preparedness at the MDR will be critical in arriving at a consensus. This Article goes beyond the basic legal framework for an MDR and focuses on practical suggestions and approaches to enhance an advocate’s efforts on behalf of a child or client. By employing the suggestions …