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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 |

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

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Filed under: Education law
Attorney answers 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.

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