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Case Number: 5:20-cv-00481
Judge: Terrence W. Boyle
Court: United States District Court for the Eastern District of North Carolina (Wake County)
Plaintiff's Attorney: Stacey Gahagan
Defendant's Attorney: Stephen Rawson
Description: Raleigh, North Carolina civil rights lawyer represented Plaintiff who sued Defendant on handicapped child civil rights violation theories.
"The Education for All Handicapped Children Act (EAHCA), now known as the Individuals with Disabilities Education Act (IDEA), is a federal law that guarantees all children with disabilities a free and appropriate public education (FAPE) in the least restrictive environment (LRE).
The IDEA defines a child with a disability as "a child with a mental or physical impairment that substantially limits one or more of the child's major life activities, including ... learning." Major life activities include things like walking, seeing, hearing, speaking, breathing, learning, and working.
The IDEA requires public schools to provide FAPE to all children with disabilities, including:
Assessment: Public schools must assess all children with disabilities to determine if they are eligible for special education services.
Individualized Education Program (IEP): If a child is found eligible for special education services, the school must develop an IEP for the child. The IEP is a written plan that outlines the child's educational goals, the services that the child will receive, and how the child's progress will be measured.
Least restrictive environment: The IDEA requires that children with disabilities be educated in the least restrictive environment (LRE). This means that children should be educated with their non-disabled peers to the maximum extent possible.
Procedural safeguards: The IDEA includes a number of procedural safeguards to protect the rights of children with disabilities and their families. These safeguards include the right to an independent educational evaluation, the right to due process, and the right to a hearing.
If you believe that your child's rights under the IDEA have been violated, you can file a complaint with the school district or with the state education agency. You can also file a lawsuit.
Here are some additional things to keep in mind about the IDEA:
The IDEA applies to all public schools, including public charter schools and private schools that receive federal funding.
The IDEA requires schools to provide special education services to children with disabilities from birth to age 21.
The IDEA is a complex law, and it is important to know your rights and to advocate for your child.
If you are concerned about your child's education, you should contact your child's school and ask to speak with the special education administrator. The special education administrator can help you understand your child's rights under the IDEA and can help you develop an IEP for your child."
Outcome: Settled and dismissed with prejudice.