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xv | |
| Preface |
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xxxiii | |
| Notes on Abbreviations |
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xxxvii | |
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3 | (18) |
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3 | (1) |
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2004 Reauthorization of IDEA Statute and IDEA Regulations |
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4 | (1) |
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5 | (4) |
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9 | (2) |
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11 | (6) |
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Historical Overview of the Validity of Section 504 Regulations and Undue Burden |
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11 | (4) |
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Section 504 Undue Burden---Case Examples |
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15 | (2) |
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17 | (2) |
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Education Department General Administrative Regulations |
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19 | (1) |
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Family Educational Rights and Privacy Act |
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20 | (1) |
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21 | (12) |
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Parents and Child as Parties |
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21 | (3) |
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Effect of Termination of Parental Custody |
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24 | (1) |
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Surrogate Parents in General |
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25 | (1) |
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The State and Its Employees as Surrogate Parents |
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26 | (1) |
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Foster Parents in General |
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26 | (1) |
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Foster Parents as Surrogate Parents |
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26 | (1) |
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27 | (3) |
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Determining the Appropriate LEA Against Whom to Proceed (Residency) |
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28 | (2) |
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The State as a Party Defendant |
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30 | (1) |
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30 | (1) |
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30 | (3) |
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Provision of a Free Appropriate Education |
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33 | (24) |
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33 | (1) |
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Provision of a FAPE as a Procedural Right in General |
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34 | (1) |
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Provision of a FAPE as a Substantive Right in General |
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35 | (4) |
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Level of Education Required to Constitute FAPE Under IDEA |
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36 | (2) |
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Higher State Standard for Level of Services |
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38 | (1) |
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Level of Education Required to Constitute FAPE Under § 504 |
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38 | (1) |
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Education to Be at No Cost to Parents |
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39 | (1) |
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Cost as Factor in Providing FAPE |
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40 | (1) |
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41 | (2) |
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The Effect of Graduation Under IDEA |
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43 | (1) |
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The Effect of Graduation Under § 504 |
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43 | (1) |
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Related Services in General |
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44 | (10) |
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Equipment Versus Services |
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45 | (2) |
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Transportation as a Related Service |
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47 | (1) |
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Speech Pathology and Audiology as Related Services |
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48 | (1) |
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48 | (1) |
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Psychological Services and counseling as Related Services |
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49 | (1) |
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Physical Therapy, Occupational Therapy, Orientation and Mobility, Recreation, Early Identification and Assessment of Disabilities as Related Services |
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50 | (1) |
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Medical Services as Related Services |
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50 | (2) |
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School Health Services as Related Services |
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52 | (1) |
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Social Work Services, Parent Counseling and Training as Related Services |
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53 | (1) |
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Related Services Without Special Education |
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54 | (1) |
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54 | (1) |
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55 | (1) |
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55 | (1) |
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Extracurricular Activities |
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55 | (2) |
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Idetification and Evaluation |
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57 | (18) |
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57 | (1) |
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57 | (1) |
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57 | (2) |
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59 | (2) |
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61 | (1) |
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Reevaluations Under § 504 |
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62 | (2) |
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Evaluation Standards Under IDEA |
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64 | (2) |
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Evaluation Standards Under § 504 |
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66 | (1) |
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Notice and Consent for Evaluation Under IDEA |
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67 | (2) |
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Notice and Consent for Evaluation Under § 504 |
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69 | (1) |
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69 | (1) |
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70 | (1) |
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Reporting Evaluation Results Under Both IDEA and § 504 |
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70 | (1) |
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71 | (1) |
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71 | (1) |
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Identification/Evaluation Checklist-Summary |
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72 | (3) |
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75 | (28) |
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75 | (1) |
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Specially Designed Instruction |
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75 | (5) |
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76 | (1) |
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Medical v. Educational Needs |
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77 | (2) |
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Ability to Benefit From Educational Services |
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79 | (1) |
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Qualifying Conditions in General |
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80 | (14) |
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80 | (3) |
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83 | (1) |
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Orthopedic Impairments in General |
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84 | (1) |
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Congenital Orthopedic Disorders |
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85 | (1) |
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Orthopedic Impairments Caused by Disease |
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86 | (1) |
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Other Orthopedic Impairements |
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86 | (1) |
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Mental and Emotional Impairments in General |
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87 | (1) |
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87 | (2) |
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Specific Learning Disabilities in General |
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89 | (1) |
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90 | (1) |
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Brain Injury and Minimal Brain Dysfunction |
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91 | (1) |
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91 | (1) |
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92 | (1) |
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92 | (1) |
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92 | (2) |
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94 | (1) |
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94 | (1) |
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Catch-All Categories in General |
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94 | (5) |
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95 | (1) |
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95 | (1) |
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Attention Deficit Hyperactivity Disorder (ADHD) or Attention Deficit Disorder (ADD) |
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96 | (3) |
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Disabilities Not Mentioned Under IDEA---the Role of § 504 |
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99 | (4) |
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Acquired Immune Deficiency Syndrome (AIDS) |
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99 | (4) |
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Independent Educational Evaluations |
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103 | (6) |
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103 | (1) |
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Notice of Availability of IEE |
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104 | (1) |
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Parental Request for an IEE |
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105 | (1) |
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105 | (1) |
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105 | (1) |
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Unilateral Action by Parent to Obtain IEE |
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106 | (1) |
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IEE At Public Expense Is Limited to One |
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107 | (1) |
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107 | (1) |
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107 | (1) |
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Hearing Officer Ordered IEE |
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107 | (2) |
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Individualized Education Program |
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109 | (16) |
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109 | (2) |
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Agency Responsible for IEP Development |
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111 | (1) |
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Time Frame for Development of IEP |
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112 | (1) |
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Placement Decisions and the IEP |
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113 | (1) |
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113 | (2) |
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115 | (1) |
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116 | (3) |
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118 | (1) |
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119 | (2) |
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Children with Disabilities in Public Charter Schools |
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121 | (1) |
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Handling Disputes over the IEP |
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121 | (1) |
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122 | (3) |
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125 | (22) |
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125 | (1) |
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Location/Least Restrictive Environment/Mainstreaming |
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126 | (5) |
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Annual Review of Placement Required |
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131 | (1) |
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131 | (2) |
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Placement Decision-Makers |
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133 | (1) |
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Extended School Day and Year |
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133 | (1) |
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Continuum of Placements Required |
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134 | (1) |
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Residential School Placements |
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135 | (1) |
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Private Placement by LEA in General |
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136 | (2) |
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Requirements for Private Facilities Where LEA Places Child |
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137 | (1) |
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Unilateral Private Placement by Parents Where LEA Offers FAPE |
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138 | (5) |
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Non-IDEA Services Required for Unilateral Private School Placements |
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141 | (2) |
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Parental Placement in Parochial School/Separation of Church and State |
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143 | (4) |
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147 | (10) |
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147 | (1) |
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Notice Concerning Identification, Evaluation, and Placement in General |
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148 | (3) |
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Notice of Preplacement Evaluation |
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149 | (1) |
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Notice of Initial Placement |
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150 | (1) |
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Notice of Change in Placement |
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150 | (1) |
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Notices after Hearing Request |
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151 | (1) |
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When Parental Consent Required |
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151 | (3) |
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152 | (1) |
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Refusal to Provide Consent |
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153 | (1) |
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154 | (1) |
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154 | (3) |
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157 | (14) |
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157 | (3) |
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160 | (1) |
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Provision of a FAPE for Suspended or Expelled Student |
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161 | (1) |
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161 | (1) |
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Interim Alternative Placement---Weapons, Drugs and Bodily Harm |
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162 | (1) |
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Manifestation Determination Review |
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163 | (2) |
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Parental Appeal---Expedited Due Process Hearing |
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165 | (1) |
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Hearing Officer Authority |
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165 | (1) |
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Placements during Appeals |
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166 | (1) |
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Protections for Children Not Yet Eligible for Special Education and Related Services |
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166 | (1) |
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Referral to and Action by Law Enforcement and Juvenile Courts |
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167 | (1) |
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Chemical Dependency and Suspension |
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167 | (1) |
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Constitutional Considerations |
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168 | (1) |
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Steps to Take in Disciplinary Actions |
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168 | (3) |
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Impartial Due Process Hearing |
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171 | (24) |
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171 | (1) |
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171 | (1) |
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172 | (4) |
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Requesting the Due Process Hearing |
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176 | (2) |
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178 | (1) |
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The Hearing Officer in General |
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179 | (6) |
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Hearing Officer Impartiality |
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180 | (1) |
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Scope of Hearing Officer's Authority |
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181 | (2) |
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Procedural Rights Related to the Hearing |
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183 | (2) |
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Status of Child during Due Process---``Stay-Put'' Provision |
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185 | (2) |
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187 | (2) |
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Burden of Proof under the Act |
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189 | (1) |
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189 | (1) |
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189 | (1) |
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Hearing Officer's Decision |
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189 | (1) |
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Due Process Hearing Checklist |
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190 | (5) |
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195 | (8) |
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195 | (1) |
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Statute of Limitations and Notice of Appeal |
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195 | (1) |
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196 | (1) |
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Subject Matter/Scope of Review |
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196 | (1) |
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Who May Appeal---Parties Aggrieved |
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197 | (1) |
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198 | (1) |
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Additional Evidence Allowed |
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199 | (1) |
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200 | (1) |
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Child's Status During Proceedings |
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200 | (1) |
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Administrative Review Checklist |
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201 | (2) |
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203 | (24) |
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203 | (1) |
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203 | (1) |
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Exhaustion of Administrative Remedies |
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204 | (4) |
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Removal from State to Federal Court |
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208 | (1) |
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208 | (2) |
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210 | (1) |
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Standard of Review in General |
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210 | (8) |
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Traditional Administrative Review |
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211 | (1) |
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De Novo Review and Due Weight |
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212 | (4) |
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Issues Subject to Due Weight |
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216 | (2) |
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Burden of Proof in General |
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218 | (3) |
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Burden of Persuasion on Substantive Issues |
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219 | (1) |
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Burden of Proof on Procedural Issues |
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220 | (1) |
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221 | (1) |
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222 | (1) |
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Appellate Review of Judicial Determinations |
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223 | (4) |
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227 | (24) |
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227 | (1) |
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227 | (4) |
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Avoiding Eleventh Amendment Immunity |
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230 | (1) |
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231 | (1) |
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Reimbursement for Unilateral Placements |
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231 | (4) |
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235 | (3) |
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Compensatory Education Beyond Graduation and or Beyond Age 21 |
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237 | (1) |
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238 | (3) |
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Procedural Violation Remedy |
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241 | (10) |
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Attorney's Fees and Costs |
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251 | (28) |
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Attorney's Fees in General |
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251 | (1) |
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Availability of Attorney's Fees for Work in Administrative Proceedings |
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252 | (3) |
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What Constitutes the Administrative Proceedings? |
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254 | (1) |
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Authority of Administrative Officer to Award |
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254 | (1) |
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Ability to File Suit Solely for Attorney's Fees |
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255 | (4) |
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Lay Advocates/Paralegals/Parent Advocates |
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259 | (2) |
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Costs As Well As Attorney's Fees |
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261 | (7) |
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261 | (2) |
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263 | (1) |
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Discovery and Miscellaneous Expenses |
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263 | (1) |
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Is There a Dispute and are the Parents Prevailing Parties? |
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264 | (2) |
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Prevailing on Part of the Claim |
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266 | (1) |
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Procedural and Substantive Violations |
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267 | (1) |
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268 | (3) |
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270 | (1) |
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Fees or Costs Subsequent to Time of Written Offer to Settle |
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271 | (2) |
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Justified Rejection of the Offer |
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272 | (1) |
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Procedural Violations or Undue Protraction By LEA |
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273 | (3) |
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Complaints Resolved By Settlement |
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276 | (1) |
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Waiver of Attorney's Fees |
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277 | (2) |
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279 | (4) |
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279 | (2) |
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281 | (2) |
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Monitoring and Compliance |
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283 | (12) |
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State Monitoring and Compliance |
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283 | (2) |
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State Complaint Checklist |
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285 | (1) |
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Office of Special Education Programs |
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285 | (1) |
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286 | (5) |
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289 | (2) |
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Coordination of OCR and OSEP |
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291 | (1) |
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291 | (1) |
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Choosing Dispute Resolution Process |
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292 | (3) |
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295 | (16) |
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Introduction to Infants and Toddlers with Disabilities Act |
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295 | (1) |
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ITDA Relationship to Other Laws |
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296 | (1) |
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297 | (1) |
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297 | (1) |
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Identification and Assessment |
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298 | (1) |
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Individualized Family Service Plan |
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299 | (1) |
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Early Intervention Services |
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300 | (6) |
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Assistive Technology Services |
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301 | (1) |
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301 | (1) |
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Service Coordination/Case Management Services |
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302 | (1) |
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Family Training, Counseling, Home Visits |
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302 | (1) |
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302 | (1) |
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Medical Services for Diagnosis or Evaluation |
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303 | (1) |
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303 | (1) |
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303 | (1) |
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304 | (1) |
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304 | (1) |
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304 | (1) |
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304 | (1) |
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305 | (1) |
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Speech-Language Pathology |
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305 | (1) |
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305 | (1) |
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305 | (1) |
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305 | (1) |
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306 | (1) |
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Comparison of IDEA and ITDA |
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307 | (4) |
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Appendix 1. Note to Nonlawyers |
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311 | (3) |
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Appendix 2. Education Directory of States and Territories |
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314 | (8) |
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314 | (6) |
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320 | (2) |
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Appendix 3. United States Department of Education Addresses |
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322 | (2) |
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Regional Offices Office for Civil Rights |
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322 | (2) |
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324 | (35) |
| Tables |
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359 | (32) |
| Index |
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391 | |
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