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No Penalties?

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Your school district (“the District”) does not want parents to know that the District faces little downside for refusing necessary resources to a child or for failing to follow the rules of the IDEA.

 

  1. Under the IDEA, money damages cannot be paid to the parents of a child refused needed services or denied a free appropriate public education.
  2. The IDEA only provides remedial services to a child whose parents prevail at a due process hearing.
  3. When the District refuses necessary services to 200 children, less than one in 200, pursues a due process hearing against the District.  The District saves money on the 199 students who do not receive necessary services from the District.
  4. It’s all about the money.  Districts make a conscious budgetary decision to deny services to many children in order to make ends meet.  The cost to the District of due process litigation is a fraction of the money saved by not providing services.

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