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Open Access. Powered by Scholars. Published by Universities.®

2010

DePaul University

Special education

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Full-Text Articles in Law

Settling Idea Cases: Making Up Is Hard To Do, Mark Weber Jan 2010

Settling Idea Cases: Making Up Is Hard To Do, Mark Weber

College of Law Faculty

Like most other legal disputes, most cases brought under the Individuals with Disabilities Education Act (IDEA) settle. But although IDEA, the federal law governing special education, was enacted a generation ago, litigants still lack guidance how the mechanisms of settlement should work, what the settlement agreement should look like, and what to do if one side of the dispute fails to live up to its agreement. Settling an IDEA case entails unique issues—and unique pitfalls—that make the topic even more challenging than the settlement of other cases. IDEA has a mediation provision with extensive requirements and a one-of-a-kind prehearing settlement …


Settling Idea Cases: Making Up Is Hard To Do, Mark C. Weber Jan 2010

Settling Idea Cases: Making Up Is Hard To Do, Mark C. Weber

Mark C. Weber

Like most other legal disputes, most cases brought under the Individuals with Disabilities Education Act (IDEA) settle. But although IDEA, the federal law governing special education, was enacted a generation ago, litigants still lack guidance how the mechanisms of settlement should work, what the settlement agreement should look like, and what to do if one side of the dispute fails to live up to its agreement. Settling an IDEA case entails unique issues—and unique pitfalls—that make the topic even more challenging than the settlement of other cases. IDEA has a mediation provision with extensive requirements and a one-of-a-kind prehearing settlement …