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October 04, 2012

Compilation of adjudicated New York State IDEA impartial hearing decisions published



Compilation of adjudicated New York State IDEA impartial hearing decisions published

Professor Perry Zirkel, University Professor of Education and Law, Lehigh University, has published an annotated list of rulings involving Individuals with Disabilities Education Act (IDEA) and §504 of the Americans with Disabilities Act (ADA) handed down by 2nd Circuit United States Court of Appeals and New York State courts.

Professor Zirkel notes that with the exception of the District of Columbia, New York State is the leading jurisdiction in terms of adjudicated impartial hearings under IDEA.

The case entries are organized in approximate chronological order within common special education categories under IDEA, starting with eligibility, free appropriate public education (FAPE) and least restrictive environment (LRE), and ending with decisions under Section 504. Included are chapters addressing appropriate education, mainstreaming, discipline issues and attorney’s fees.

The compilation is posted on the Internet at http://www.p12.nysed.gov/specialed/dueprocess/NYand2dCirCaseLaw-PZ.pdf and may be downloaded without charge. 

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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