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How has the legal system evolved, as it applies to special education, . how it affected the the legal framework for special ed

Baton Rouge, LA |
Filed under: Education law

How does the legal framework differ from special needs students and regular students in private and public school? In the legal expert's opinion, are there any elements of special education law that need refinement? Explain

Attorney Answers 1


  1. This question reads like an exam question from a school law class. One could not fully answer such a broad question within this forum. Briefly, one can say though, that student's in public school do have additional rights and protections not afforded private school students as the former are state actors and thus fall fully within those regulations mandated upon recipients of state and federal education funds. Private school students rights mostly flow from the contract their parents signed upon enrolling them.

    Likewise, special education students have an additional set of rights and remedies under IDEA the Individuals with Disabilities in Education Act. Likewise they have rights under the ADA and section 504, of the 1973 Rehabilitation Act. As for refinement, the biggest thing we could do as a society is to full fund the above listed mandates.

    Attached are links to guides this author has written concerning education law.

    This answer contains information intended only for the use of the individual or entity named above and may be protected by attorney-client privilege or work product doctorine. However, the mere receipt of this answer, alone, is not sufficient to create an attorney-client relationship. If the reader of this is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, any dissemination, publication or copying of this answerer is strictly prohibited. The sender does not accept any responsibility for any loss, disruption or damage to your data or computer system that may occur while using data contained in, or transmitted with, this answer. Should the reader have any questions please feel free to contact Attorney Kotler at TBKotler@sbcglobal.net or 330-777-0065 Thank you and please indicate if you found this answer and / or the link(s) helpful.

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