True or False: When the local educational agency proposes to initiate special education services and placement for a student, his or her parents' consent must be obtained.
True or False: When reviewing special education administrative decisions, courts can only review existing evidence and cannot allow the admission of new evidence.
True or False: Even though the IDEA allows parents who prevail against schools in special education litigation to collect attorneys' fees, courts can withhold these fees to the prevailing parties if they unreasonably protract the proceedings or bring frivolous lawsuits.
True or False: Under the procedural safeguards rules of the IDEA even minor changes in a child's special education, such as moving the class to a different room requires notice and consent.
True or False: Procedural errors on the part of a school district will always render an IEP inappropriate in the eyes of a court.
True or False: Due process hearings should be the first step whenever there is a special education disputes between parents and the school.
True or False: If a court determines that parents rejected a properly made school district settlement and ultimately receive essentially the same offer from the courts, attorney's fees will be denied.
True or False: To receive attorneys' fees in a special education dispute parents have to prevail on every issue they contest.
True or False: Both parties in a hearing have the right to prohibit the introduction of any evidence in the hearing that was not disclosed to that party at least 5 days prior to the hearing.
In what type of due process system is the parent required to exercise an appeal of the decision of an impartial hearing officer to a state agency prior to seeking judicial review.
Two tiered system.
In a judicial review of an administrative decision the burden of proof will usually be on
the party seeking to overturn the administrative hearing.
A court can compel a school district to either start or stop a certain practice by granting
Jeremy was educated in a self-contained setting in the public schools for 3 years. A court later held that the setting was not appropriate and ordered the school to pay for Joel's education in a private school setting for 3 years beyond his upcoming graduation. The type of relief granted by the court was
Parents who placed child with a disability in a private educational facility were later awarded reimbursement for the placement by a court that determined that the school district had proposed an inappropriate IEP.
________ of the IDEA requires that parties only attempt judicial appeals after completing the law's administrative remedies.
The exhaustion doctrine
In Buckhannon v. West Virginia Department of Health and Human Resources (2001), the U.S. Supreme Court ruling rejected the so-called catalyst theory. The high court ruled that:
a party can only be the prevailing party for purposes of awarding attorney's fees if the party achieved the desired result in the courts.