Category Archives: Child find

Special education discipline rights for unidentified students

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Get out of our school district (credit: thebiggestnews.com)

 

School discipline is more complex than many people might think. At the end of the day, it is a legal process governed by state and federal laws. As with all creatures of law, the questions that come up can be quite complex. One particularly thorny issue is when a school disciplines a child who is not labeled as special education but for whom there exists a basis for reasonable suspicion that the student might indeed be a special needs student. Read the rest of my Examiner.com article here.

Can a failure to indentify lead to compensatory education?

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In a case coming out ofCompton,California, the Obama administration has advised the Supreme Court not to take on a 9th Circuit “child-find” decision under which a child was provided compensatory education in an administrative process hearing win. The Supreme Court had requested the Solicitor General’s advice on whether to hear the case, asking it to respond to the question, “Whether an allegation that a school district has violated the “child-find” provision of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1412(a)(3)(A), may be considered in a due process hearing under the IDEA.”

Check out the rest of my Examiner.com article here.