Advocacy Corner: Procedural Safeguards Under IDEA
[Source: Special Education Law Blog]
What mechanisms does the special education law have for parents who disagree with decisions by a school district about the education of a child with a disability? Are there procedural safeguards that protect a school district?
Procedural safeguards are at the heart of the system established by the special education law. The philosophy underlying the Act is that parents and school districts will work together collaboratively to ensure an appropriate education for children with disabilities. Schaffer v. Weast 546 U.S. 49, 126 S.Ct. 528, 44 IDELR 150 (11/14/2005). But the law also recognizes that there must be procedural safeguards to ensure that the important public policies established by the Act will be achieved when the parents and school officials cannot agree.
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