How Law Evolves through Judicial Interpretation

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In This Issue ...

ISSN: 1538-320
October 30, 2018

Pete Wright presents a Wrightslaw Special Education Law & Advocacy Training ConferenceSpecial Education Law & Advocacy Training Schedule

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Nov 8- New Orleans, LA

picture of gavel and wheelchairsCaselaw is always changing and evolving. Stay current on caselaw!

IDEA will continue to evolve and be re-defined by caselaw.

Law is always subject to different interpretations. Judges often look at legislative history and legislative intent when they analyze the meaning of a statute.

Compelling facts may cause a judge to create an exception when he wants to rule in one direction, even if the ruling is contrary to current caselaw.

These exceptions to the rule cause the body of law to change and grow.

In this issue of the Special Ed Advocate you'll find out that reading caselaw will help you get a clearer sense about unwritten factors affecting case decisions and learn how the law is evolving in your Circuit.

We hope you will forward this issue to other friends, families, or colleagues.

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L.H. v. Hamilton County: LRE and FAPE

Parents prevail: 6th Circuit concluded L.H.’s parents were entitled to reimbursement and the district court erred in holding otherwise.

Teachers and staff reject mainstreaming because they don't understand it, don't believe in it, and need training on why it is valuable and how to do it. - Judge Alice Batchelder.

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Case of the Year: J.S. v. Houston

In this exemplary case (a "must read"), the parents alleged abuse of their child, exclusion, and denial of FAPE

Parents Prevail: The Court of Appeals reversed portions of the decision and remanded it back. The School Board may face a civil Jury Trial for violations of Section 504 and ADA.

Wrightslaw: Special Education Legal Developments and Cases 2017


New Combo! Special Education Legal Developments and Cases 2017

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Case Law Library

The Wrightslaw Caselaw Library includes a sample of decisions on special education legal issues, but not every important decision since the IDEA was enacted.

New noteworthy decisions are listed first, followed by U. S. Supreme Court decisions, then Courts of Appeals. Next are decisions from District Courts, then relevant administrative decisions.

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