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Administrative Law

: Within the Scope

Eighth Circuit Renders a ?Must Read? Special Ed Decision

By E.L. Lipman

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A unanimous panel of the U.S. Court of Appeals for the Eighth Circuit today handed down a decision that is certain to be studied, discussed and debated among our state?s Special Education Bar.

Reversing a lower court?s decision that a disabled Minneapolis teenager, M.M., was denied a free and appropriate education, the appellate panel rendered a series of important holdings on the burden of proof in special education proceedings, the meaning and effect of federal ?stay put? provisions and the notice that is to be rendered for certain claims under the Individuals with Disabilities Education Act (or IDEA).

For those with an interest in special education law, this decision is a ?must read? opinion, and is accessible here.

Full post as published by Within the Scope on January 04, 2008 (boomark / email).

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