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Disabled EducationA Critical Analysis of the Individuals with Disabilities Education Act$
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Ruth Colker

Print publication date: 2013

Print ISBN-13: 9780814708101

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814708101.001.0001

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(p.137) 8 Ohio
Disabled Education

Ruth Colker

NYU Press

This chapter discusses the results of hearing officer decisions in Ohio involving parents who challenge individualized education programs (IEP) on behalf of their children with disabilities. It begins with an overview of how the hearing process operates before turning to the case of Jacob Winkelman, whose parents filed at least five due process complaints with their school district and took their case to the Supreme Court on a procedural ground, before securing a victory. It then considers about a hundred cases decided under Ohio's cumbersome two-step hearing officer process under which parents and their children rarely prevail, especially if they are poor and cannot afford to hire a lawyer. It also emphasizes the difficulty of establishing that a child is eligible for special education services under the Individuals with Disabilities Education Act (IDEA).

Keywords:   hearing officer decisions, Ohio, parents, individualized education program, children with disabilities, Jacob Winkelman, due process complaints, Supreme Court, special education, Individuals with Disabilities Education Act

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