Due Education Law Suits

Paper Summary:

The paper describes that across the nation students who are covered under the Individuals with Disabilities Education Act (IDEA), have rights that must be provided. The paper states that at any time the student or the student's parents believe that his or her rights are not being upheld, they have the right to file for a due process hearing. If the parties involved with the suit do not agree with the results of that hearing they can take it to a court system and have it heard. This paper discusses a detailed description of two court cases that dealt specifically with student due process issues.

From the Paper:

"The court ruling explained that the burden likes with the party seeking relief and in the case of due process hearings it is parents usually in the position of seeking relief. The ruling stemmed from a suit with regard to the Montgomery Alabama school district. "Jerry B. Weast, uperintendent of the Montgomery County Public School System, called the court's decision "a victory for special education teachers in Montgomery County and across the nation who work hard everyday to provide the best possible education for students with disabilities. He added, "We defended this case for one simple reason -- we didn't want our teachers and staff spending more time in the courtroom instead of the classroom."

Sample of Sources Used:

• United States District Court for the Eastern District of Virginia
• Richmond Divisionhttp://www.wrightslaw.com/law/caselaw/06/henrico.va.rt.htm
• High Court Rules Against Parents in Maryland Special Education CaseNovember 15, 2005By Fred Barbash and Lori Aratani Washington Posthttp://www.aapd-dc.org/News/education/Md_speced.htm

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