Deal v. Hamilton County Dept. of Education

1686 WordsOct 3, 20137 Pages
Due Process and Parental Rights: Deal v. Hamilton County Board of Education Grand Canyon University: SPE 350 28 October 2012 Due Process and Parental Rights: Deal v. Hamilton County Board of Education In 2004 the case of Deal v. Hamilton County Board of Education was coming to a close after reaching the United States Court of Appeals for the Sixth Circuit in Ohio. Within this essay, detailed examination of this case, along with issues that developed the case, disagreement points, parties involved, and final outcome will be explored. This case was initiated in 1999 and reached the U.S. Court of Appeals for the Sixth Circuit in 2004. The Individuals with Disabilities Act has given parents and caregivers to student’s unparalleled…show more content…
In September, Zachary’s parents removed Zachary from the public school and enrolled him into a private school while also notifying the school that they were officially requesting a due process hearing. This case was brought forth to the court system under of the laws that were determined under the Individuals with Disabilities Education Act (IDEA) as an appeal to the decision of the district court was well as the Administrative Law Judge (ALJ). The parents of Zachary Deal believed that the school system failed to provide their son with a Free and Appropriate Education (FAPE) as well as not placing Zachary in the least restrictive environment (LRE) as outlined as a requirement within the IDEA Act as well as in an IEP. Further, the Deal’s were requesting financial reimbursement for Zachary’s private school tuition as well as any other education related services that were provided and funded by the parents outside of the school. While the ALJ found the school liable for part of the reimbursement, they also found that the school was in violation of IDEA because of substantive violations during the process of identifying assistance for Zachary Deal. Both the Hamilton County Board of Education and the Deal family appealed the ALJ’s findings which escalated the court case to a

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