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Full-Text Articles in Law

Civil Rights And Related Decisions, Eileen Kaufman Dec 2010

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Civil Rights And Related Decisions, Eileen Kaufman Dec 2010

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Cut And Run - Tuition Reimbursement And The 1997 Idea Amendments, Brianna L. Lennon Nov 2010

Cut And Run - Tuition Reimbursement And The 1997 Idea Amendments, Brianna L. Lennon

Missouri Law Review

This Note addresses the challenges that courts face in balancing the legislative purpose of IDEA with its practical application. At its core, IDEA was enacted to preserve the right of all children to a "free appropriate public education" (FAPE), including special needs students who, under the law, have "the right to sit in the same classrooms, to learn the same skills, [and] to dream the same dreams as their fellow Americans." At the same time, IDEA and its amendments emphasize that "parents [need] a greater voice in their children's education." These goals can create a disconnect between what schools must …


Reasonable Measures": Giving "Due Deference" To School Boards' Decisions In Cases Involving The Individuals With Disabilities Education Act, Stephen Monroe May 2010

Reasonable Measures": Giving "Due Deference" To School Boards' Decisions In Cases Involving The Individuals With Disabilities Education Act, Stephen Monroe

Seventh Circuit Review

Currently, the federal appeals courts use different tests when examining state compliance with the Individuals with Disabilities Education Act (IDEA), a Spending Clause statute meant to give students with disabilities meaningful educational instruction. The IDEA requires states receiving federal funds for special education to provide a free and appropriate public education (FAPE) in the least restrictive environment (LRE) to each eligible student with a disability. Though there are varying tests used by the appeals courts, they can be lumped into two main categories: a reasonableness test and a factor test. The Seventh Circuit in Board of Education v. Ross adopted …


Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft May 2010

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”