What is the state's obligation to provide special education for children with special needs?

MultiRegion, United States of America

The following excerpt is from Riley v. Ambach, 668 F.2d 635 (2nd Cir. 1981):

Federal regulations require that the state provide the handicapped with regular or special education and related aids and services that "are designed to meet the individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met...." 45 C.F.R. 84.33(b)(1) (i). That special help should be provided in the least restrictive environment responsive to the child's individual needs, 45 C.F.R. 121a.55; Stuart v. Nappi, 443 F.Supp. 1235, 1242 (D.Conn.1978). To "the maximum extent appropriate", handicapped children should be "educated with children who are not handicapped". The state must assure that "special classes, separate schooling, or other removal of handicapped children from the regular educational environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids cannot be achieved satisfactorily". 20 U.S.C. 1412(5)(B).

B. The Severe Discrepancy Standard

Other Questions


What is the state's obligation to provide medical care for prisoners? (MultiRegion, United States of America)
Is a private medical provider acting under contract with the state a state actor for purposes of Section 1983 of the Criminal Code? (MultiRegion, United States of America)
What is the current state's obligation to the state to determine the guilt or innocence of an accused? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a Commissioner of Health and Social Care makes a finding that children under the age of 18 are not receiving adequate education, can they be denied access to the education system? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
How have courts considered the role of the state in determining whether a private actor must be subject to the same obligations as the state? (MultiRegion, United States of America)
What is the state's obligation to provide timely notice to the recipient of child support payments? (MultiRegion, United States of America)
Is a private medical provider under contract with the state a state actor? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.