Ninth Circuit upholds school policy on special education children
Legal Topics | 2008/08/20 15:37
The US Court of Appeals for the Ninth Circuit on Tuesday upheld a California public school district's policy that parents may only observe their disabled children in the classroom for twenty minutes in order to evaluate the school's proposed education plan. The parents of a student with autism filed suit after the psychologist they hired to evaluate the proposed plan was allowed only twenty minutes in the classroom, even though the district's own experts viewed L.M. in his home for three hours. The court rejected the parents' allegations that the district's policy violated the Individuals with Disabilities Education Act by denying their child access to a free and appropriate public education. The court also ruled against the parents' argument that the policy infringed upon their right to due process by interfering with their ability to participate in a placement hearing. The court explained:
The District’s policy...was harmless because Parents nevertheless had a full opportunity to participate in the process to fashion an appropriate educational plan for L.M. with help from an informed and knowledgeable expert. There is no evidence to support a finding that Parents’ right to participate was significantly affected.
The court also denied the parents' request for a "stay put" order which would allow their child to remain in his current private educational program until litigation of the matter concluded, because the program did not constitute "current educational placement" under IDEA.

Earlier this month, the US Court of Appeals for the Tenth Circuit found that a district court erred when it refused to grant qualified immunity to school officials who placed a child in a special education program designed to control his repeated outbursts. The child's mother had originally sought relief under IDEA because her child suffered from severe mental and emotional health problems, but this claim was dismissed by a lower court. In 2007, the US Supreme Court held that parents of special needs children have independent, enforceable rights under IDEA, overturning a Sixth Circuit decision holding that rights under IDEA are held only by the child. When US President George W. Bush signed IDEA into law in 2004, he stated that it had been designed to ensure that students with disabilities would have special education teachers with the necessary skills and training. Bush was subsequently criticized for underfunding the related programs.


[PREV] [1] ..[1887][1888][1889][1890][1891][1892][1893][1894][1895].. [2057] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
Guatemala court orders UN anti-gr..
Belgian court rules out extraditi..
It is important to have online ma..
Juvenile waived to adult court in..
EU backs ICC after US questions c..
Court: British surveillance viola..
The Latest: New Mexico court bloc..
Nebraska’s top court: Voters to ..
The Latest: International court '..
Court: Free speech protects Trump..
Audit: West Virginia Supreme Cour..
Indiana high court to consider ci..
The Latest: Authorities: Officer ..
Pipeline company found guilty in ..
India’s Supreme Court strikes do..
Court: No review of 100-year sent..
Senator asks court to declare Dut..
Court: Cities can't prosecute peo..
Louisiana Supreme Court upholds l..
Rancorous, partisan start for Kav..




Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
New Rochelle Accidents Attorneys
New Rochelle Personal Injury
www.kboattorneys.com
Downtown Manhattan Business Law Attorneys
Breach of Contract Lawyers
www.woodslaw.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Law Firm Web Design Templates
Lawyer Website Templates
www.webpromo.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved. Legal Marketing Blog. The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

Law Firm Web Design by Lawyer Website Design - Lawyer Web Site Design That Works