Appeals and Expedited Due Process

September 2010 Both the LEA and the parent of the child with a disability have the right to file a due process complaint, which is the first step in requesting a due process hearing to appeal decisions taken during disciplinary procedures, although the reasons these parties may do so differ. As §300.532(a) makes clear: Parents may appeal decisions regarding placement of their children (under §§300.530 and 300.531); Parents may appeal decisions … [Read more...]

Child’s Placement During the Appeal Process

September 2010 This article addresses a common concern—the child’s placement during the appeal process. Where will the child be placed until a decision on the appeal is issued—the original placement from which the child was removed during the disciplinary action, the interim alternative educational setting (IAES) to which he or she has been removed, or another setting that the parents and the school system agree to? General Answer: The … [Read more...]

Due Process Hearings

_________________________________Alert! Alert! Because NICHCY’s website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date. The new address of Due Process Hearings at the CPIR is:http://www.parentcenterhub.org/repository/hearings/_________________________________ September 2012This information in Spanish … [Read more...]

The Due Process Hearing, in Detail

_________________________________Alert! Alert! Because NICHCY’s website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date. The new address of The Due Process Hearing, in Detail at the CPIR is:http://www.parentcenterhub.org/repository/details-dueprocess/_________________________________ September 2012So–we’ve … [Read more...]

Module 18: Options for Dispute Resolution

February 2008 English only slideshow Handouts for Participants in English and in Spanish Author Lisa Pagano Office of Special Education Programs U.S. Department of Education with special thanks to... Marshall Peter, Dick Zeller, Philip Moses, and John Reiman CADRE | Consortium for Appropriate Dispute Resolution in Special Education __________________________ Module 18 is all about IDEA's mechanisms for resolving disputes between … [Read more...]

Module 19: Key Issues in Discipline

_________________________________Alert! Alert! Because NICHCY’s website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date. The new address of Module 19: Key Issues in Discipline at the CPIR is:http://www.parentcenterhub.org/repository/partb-module19/_________________________________by Renee Bradley Office … [Read more...]

The Remedial Authority of Hearing and Review Officers Under the Individuals with Disabilities Education Act: An Update

April 2012Read the article (PDF) About this ArticleThis article provides an update of a comprehensive review that the Administrative Law Review published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).  The publisher of the Administrative Law Review, which contained the original version, provided permission … [Read more...]

Manifestation Determinations Under the New Individuals with Disabilities Education Act: An Update

April 2012Read this article (PDF)About this ArticleThis article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs interpretations, and published hearing and review officer and … [Read more...]

Impartial Hearings Under the IDEA: Legal Issues and Answers

April 2012Read the article (PDF)About This ArticleThis updated Question-and-Answer document is specific to impartial hearing officers (IHOs) and the impartial hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). It does not cover the IHO’s remedial authority, which is the subject of separate comprehensive coverage. The sources are limited to the pertinent IDEA legislation and regulations, court decisions and the … [Read more...]

The Legal Meaning of Specific Learning Disability for Special Education Eligibility

April 2012Read the article (PDF)About This ArticleStudents with specific learning disability (SLD) continue to account for a higher proportion of all special education enrollments than any other classification under the Individuals with Disabilities Education Act (IDEA). Probably the most frequent topic in the special education literature since the 2004 amendments to IDEA has been the movement toward a response-to-intervention (RTI) approach for identifying … [Read more...]

NOTICE: NICHCY is going away, but its resources are not. Find hundreds of legacy NICHCY publications, as well as our training curriculum on IDEA 2004, in the Center for Parent Information and Resources' Library at http://www.parentcenterhub.org/resources. This website will remain available until September 30, 2014. After that date, web visitors will be automatically redirected to http://www.parentcenterhub.org.