A Roadmap to Legal Dispute Resolution for Students with Disabilities

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April 2012

JSEL Article

About this Article

This article maps out the similarities and differences among the various routes to Individuals with Disabilities Education Act (IDEA) and Section 504 dispute resolution, including those not widely and well known to special education leaders.  For IDEA-eligible students, the alternative avenues consist of not only the impartial hearing procedures and the state education agency’s complaint investigation/resolution process but also the routes of legal recourse under Section 504.  For students eligible under Section 504 alone, the alternative avenues amount to not only the complaint investigation/resolution process of the Office for Civil Rights but also the required grievance and impartial hearing procedures, which are subject to considerable confusion and—in light of the IDEA’s intersecting exhaustion requirement—complexity.  The various parts of this roadmap range from basic points for the new special education leader to more nuanced or advanced points for the experienced special education leader, with ample documentation of the specific legal sources. [Abstract adapted from Author]

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General Information

Read the article: http://nichcy.org/wp-content/uploads/docs/journals/zirkel10.pdf

APA Citation:  Zirkel, P., & McGuire, B. (2010). A roadmap to legal dispute resolution for students with disabilities.  Journal of Special Education Leadership, 23(2), 100-112.

Author: Zirkel, Perry A.; McGuire, Brooke L.

Title:    A Roadmap to Legal Dispute Resolution for Students with Disabilities

Year:   2010

Journal:  Journal of Special Education Leadership 

Publisher:  Council of Administrators of Special Education

Volume: 23

Issue: 2

Pages:  100-112

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Yes. NICHCY expresses its appreciation to the Council of Administrators of Special Education for its generous permission to post this article on our website.

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For permission to reprint or copy this article, contact the Journal of Special Education Leadership, 175 Hills South, School of Education, University of Massachusetts, Amherst, MA 01003.
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