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] ..[2514][2515][2516][2517][2518][2519][2520][2521][2522].. [2684] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
Federal horserace authority rules..
Probation for woman who wiped up ..
Family loses Supreme Court bid to..
Massachusetts governor signs bill..
Louisiana Supreme Court’s chief ..
2 new Family Court judges appoint..
Abortion clinic goes before judge..
Court reinstates ban on lobster g..
Wisconsin Supreme Court disallows..
Court denies request for emergenc..
States brace for fight over gun l..
Construction to begin on roadway,..
Supreme Court rules against Navaj..
Wisconsin Supreme Court says COVI..
Man denies kidnapping charge in a..
German federal court mulls bid to..
Pakistani court orders probe into..
Kansas Supreme Court upholds Repu..
Man denies killing mother at sea ..
Abortion rights protesters rally ..




St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Bar Association Website Design
Bar Association Member Management
www.lawpromo.com
San Bernardino County DUI Lawyers
San Bernardino Criminal Defense Lawyers
www.bullardpowell.com
Indianapolis, IN Personal Injury Law Firm
Indian Personal Injury Attorneys
www.williamspiatt.com
New York Dental Malpractice Attorney
DUI Lawyer
dentalmalpracticenewyork.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Web Design For Korean American Lawyers
Korean American Lawyer Website Design
romeoproduction.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Rockville Divorce lawyer
familylawyersmd.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.

Affordable law firm website design by Law Promo