Court weighs in on rights of children misidentified under the IDEA

09/11/2013 | Education Week

The Individuals with Disabilities Education Act does not offer legal protections to children misidentified as having disabilities, according to the 3rd U.S. Circuit Court of Appeals. Even while noting that the arguments made by the family of an African-American student misidentified as having a learning disability were compelling -- they cited that minorities are overrepresented in special education -- the judges noted that the IDEA creates due process protections only for individuals with disabilities.

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