How to Seek Federal Protections for School-Aged Children with Special Needs

Individuals with Disabilities in Education Improvement Act ("IDEIA") affords specific protections and remedies to school-aged children with special needs impacting the child's ability to access education. It looks to whether a child is progressing academically, socially, and emotionally. This lecture, presented by education attorney Bonnie Spiro Schinagle, explains the basic entry point for protection under the Act, called 'classification',  and the rights conferred and remedies available to classified students and their parents under the Act. The potential impact of  COVID-19 shutdowns on available remedies will also be discussed.  

Lawyers will learn practice tips for developing a factual record to support IDEIA claims.  Application of the statute's fee-shifting provisions will be discussed. The rights conferred to school-aged children under Section 504 of the Rehabilitation Act of 1973 will be addressed briefly, including recovery standards.  

Learning Objectives:

1. Examine the Individuals with Disabilities in Education Improvement Act ("IDEIA"), and the basic qualifications for protection under IDEIA
2. Identify the remedies available under IDEIA and when IDEIA's fee-shifting provisions apply to permit attorney fee reimbursement
3. Explore the potential impact of the COVID-19 shutdowns on available remedies
4. Explore best practices for developing a factual record under IDEIA
5. Review Section 504 of the Rehabilitation Act of 1973, and the protections and remedies it offers for school-aged children