The Law Offices of Caryl Andrea Oberman

THE LAW OFFICES OF
CARYL ANDREA OBERMAN
Grove Summit Office Park
607A North Easton Road
Willow Grove, PA 19090
P (215) 830-5025
F (215) 830-5027
edlaw@caryloberman.com

LEGAL RESOURCES

WHAT'S NEW

Gaskin Case - On December 21, 2004, counsel for parties in the Gaskin case signed a provisional settlement agreement in this class action lawsuit, which was filed in June 1994. Under this agreement, the Department of Education will undertake a series of reforms in special education processes and procedures including data collection, compliance monitoring, plan approval, IEP format and complaint resolution.

Schaffer v. Weast - Justice O'Connor delivered the opinion of the Court. – “The Individuals with Disabilities Education Act (IDEA or Act), 84 Stat. 175, as amended, 20 U. S. C. A. §1400 et seq. (main ed. and Supp. 2005), is a Spending Clause statute that seeks to ensure that "all children with disabilities have available to them a free appropriate public education," §1400(d)(1)(A). Under IDEA, school districts must create an "individualized education program" (IEP) for each disabled child. §1414(d). If parents believe their child's IEP is inappropriate, they may request an "impartial due process hearing." §1415(f). The Act is silent, however, as to which party bears the burden of persuasion at such a hearing. We hold that the burden lies, as it typically does, on the party seeking relief.” The Court points out that the burden of proof is only a deciding issue in those rare cases where the evidence is exactly balanced between the two sides. The decision also appears to hold that the party seeking to change an IEP is considered the party requesting the hearing.

FEDERAL LAWS AND REGULATIONS

IDEA Statute

IDEA Regulations (307 page pdf document)

No Child Left Behind Act of 2001

§ 504 of the Rehabilitation Act Regulations

Family Education Right to Privacy Act (FERPA)

Americans with Disabilities Act – Title II

STATE REGULATIONS

Chapter 14 – Special Education Services and Programs

Chapter 15 – Protected Handicapped Students

Chapter 16 – Special Education for Gifted Students

Chapter 171 – Standards for Approved Private Schools

Chapter 711 – Charter School Services for Children with Disabilities

Title 22 PA Code - Pennsylvania Education Regulations

SCHOOL DISCIPLINE

Chapter 12 – Students’ Rights and Responsibilities

Safe Schools Act

CHARTER SCHOOLS

Charter School Act

Chapter 711 – Charter School Services for Children with Disabilities

MISCELLANEOUS EDUCATION LAWS & BASIC EDUCATION CURRICULA (BECs)

Basic Education Curriculars (BECs)

Special Education Appeals Panel Opinions

Chapter 4 – Academic Standards and Assessments

Chapter 11– Attendance

Empowerment Act

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