Individuals with Disabilities in Education Improvement Act (“IDEIA”) affords specific protections and remedies to school-aged children with special needs impacting the child’s ability to access education. It looks to whether a child is progressing academically, socially, and emotionally. This lecture, presented by education attorney Bonnie Spiro Schinagle, explains the basic entry point for protection under the Act, called ‘classification’, and the rights conferred and remedies available to classified students and their parents under the Act. The potential impact of COVID-19 shutdowns on available remedies will also be discussed.
Lawyers will learn practice tips for developing a factual record to support IDEIA claims. Application of the statute’s fee-shifting provisions will be discussed. The rights conferred to school-aged children under Section 504 of the Rehabilitation Act of 1973 will be addressed briefly, including recovery standards.
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