Blanchard

Blanchard v. Morton School

Good Law
United States Court of Appeals for the Ninth CircuitAugust 19, 200503-35677California1,284 words

Opinion

Opinion

DISCUSSION

[1] The IDEA was enacted “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related ser- vice designed to meet their unique needs.” 20 U.S.C. § 1400(d)(1)(A). The IDEA sets out a comprehensive educa- tional scheme that confers on disabled students a substantive right to public education. Hoeft v. Tuscon Unified Sch. Dist., 967 F.2d 1298, 1300 (9th Cir. 1992). Under the IDEA, state or local educational agencies can receive federal funding to assist them in educating disabled children. To receive the funding, state and local educational agencies must ensure that children with disabilities — and their parents — are guaran- teed specified procedural safeguards with regard to the provi- sion of free appropriate public education by the agencies. 20 U.S.C. § 1415(a).

[2] The IDEA does not restrict or limit the rights of dis- abled students or their parents under other statutes. The IDEA requires, however, that “before the filing of a civil action under such laws seeking relief that is also available under this subchapter, the procedures under subsections (f) [due process hearing] and…

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