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Encuesta de Fraude en México 2010 - IMEF

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2. Multiple issues.Most cases are more complex. You may have the failureof the public school to properly evaluate the child inprior years and breach of procedural rules. The childmay be <strong>en</strong>titled to comp<strong>en</strong>satory education which caninclu<strong>de</strong> special education services that ext<strong>en</strong>d beyondthe child's tw<strong>en</strong>ty-second birthday. Had the publicschool not violated the "Child Find Mandate" (34 C.F.R.300.128), the child would have be<strong>en</strong> i<strong>de</strong>ntified sooner,received special education services sooner, ma<strong>de</strong>progress, and not required services now.3. Develop a Simple ThemeDevelop a clear, simple theme of the case. You build onthis theme. It is crucial to structure your theme so theHearing Officer or ALJ wants to rule for you. Provi<strong>de</strong> thisperson with evi<strong>de</strong>nce and law that makes the personwant to give you a favorable <strong>de</strong>cision.C. Evaluate Applicable Legal Principles1. Obtain copies of the State and Fe<strong>de</strong>ralRegulations and State and Fe<strong>de</strong>ral Statutes.a. Individuals with Disabilities EducationAct (IDEA) 20 U.S.C. 1400-1485b. Co<strong>de</strong> of Fe<strong>de</strong>ral Regulations 34 C.F.R.Part 300 App<strong>en</strong>dix Ac. Your state special educationregulations.d. Other publications from your stateDepartm<strong>en</strong>t of Education and the stateProtection andAdvocacy Office in regard to the rights of par<strong>en</strong>ts andspecial education childr<strong>en</strong>.2. Review special education legal publications.Read the primary cases in your Court of Appeals, the U.S. District Court cases from your state, and your statecourt cases. In addition to the Wrightslaw site, useversuslaw.com and FindLaw.com to help you find theprimary cases in your circuit.

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