By Allan G. Osborne
This revised 2007 variation presents present info on part 504, loose acceptable Public schooling (FAPE), Least Restrictive atmosphere (LRE), and the reauthorization of concept 2004.
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Cal. 1990). Thomas v. Davidson Academy, 846 F. Supp. D. Tenn. 1994). Wenkart, R. D. (2003). The No Child Left Behind Act and Congress’ power to regulate under the Spending Clause. Education Law Reporter, 174, 589–597. Zettel, J. , & Ballard, J. (1982). Introduction: Bridging the gap. In J. Ballard, B. A. Ramirez, & F. J. ), Special education in America: Its legal and governmental foundations (pp. 1–9). Reston, VA: The Council for Exceptional Children. Zirkel, P. A. (2003). Do OSEP policy letters have legal weight?
Further, the Fifth Circuit upheld a board’s proposed IEP in concluding that a student received significant benefit from his special education program because he not only achieved passing grades but also demonstrated an increased ability to focus on tasks (Teague Independent School District v. , 1993). In like manner, the Eighth Circuit observed that where a student achieved passing grades and improved his reading skills, his IEP was appropriate (Fort Zumwalt School District v. Clynes, 1997, 1998).
Diamond, 1986). The same court later reiterated that since the IDEA calls for more than just trivial educational benefit, Congress intended to provide students with disabilities with educational services that would have resulted in meaningful benefits (Polk v. Central Susquehanna Intermediate Unit 16, 1988). Another court added that the educational benefit must be appreciable (Chris C. v. Gwinnett County School District, 1991). Similar cases expanded on what the courts meant in declaring that students must make more than trivial academic gains; the Second Circuit was of the view that because a school board is not required to maximize the potential of a student with disabilities, officials were only required to meet the “some educational benefit” criterion (Walczak v.