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FAPE

May 5, 2011 | Article

Forest Grove Update – Parents Denied Reimbursement Under IDEA Statute in Groundbreaking FAPE Case

In the context of free appropriate public education (FAPE) litigation under the Individuals With Disabilities Education Act (IDEA), the words "Forest Grove" mean many things, especially to lawyers...

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October 19, 2010 | Article

Federal Rehabilitation Act Is Potent Weapon For Disabled Students Because It Authorizes Damages, While IDEA Statute Is Restricted to Injuncitve Relief

When it comes to disabled students, there are two potent weapons for parents in the form of the Federal Rehabilitation Act (29 USC § 794) and the Individuals With Disabilities Education Act (“IDEA...

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April 26, 2010 | Article

FAPE Advocates Take Note: Court May Require Exhaustion of Remedies Under the IDEA Statute

When parents sue for relief under the Individuals With Disabilities Education Act (IDEA, 20 U.S. C. §§ 1400, et seq.), are they required to first exhaust remedies under the statute by engaging in...

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April 23, 2010 | Article

FAPE Advocates Take Note: Exhaustion of Remedies May Be Required Under the IDEA Statute

When parents sue for relief under the Individuals With Disabilities Education Act (IDEA, 20 U.S. C. §§ 1400, et seq.), are they required to first exhaust remedies under the statute by engaging in...

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February 1, 2010 | Article

FAPE Standards: Determining When An IEP Is Adequate Under the IDEA Statute

In cases under the Individuals With Disabilities Education Act (IDEA, 20 USD §§ 1400-1491), courts must wrestle with the difficult issue of determining when an individualized educational program (...

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February 1, 2010 | Article

FAPE Litigation Under IDEA Statute: Who is a prevailing party?

When parents sue to assert their child’s right to a free and appropriate public education (FAPE) under the Individuals With Disabilities Education Act (IDEA, 20 USC §§ 1400-1491), they are...

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December 28, 2009 | Article

Reimbursement for Private Placement Not Always Proper Under FAPE Rules

Under the Individuals with Disabilities in Education Act (IDEA, 20 U.S.C. § 1400, et seq.) all students are entitled to a “free appropriate public education” (FAPE). In some cases, a public...

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November 9, 2009 | Article

Individuals with Disabilities Education Act (IDEA) Does Not Require Receipt Of Special Education Services Prior to Seeking FAPE Reimbursement for Private Placement of Disabled Student

In an important ruling supportive of parental and student rights to a "free appropriate public education" (FAPE), the U.S. Supreme Court has ruled that the Individuals With Disabilities Education...

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