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November 15, 2005


*** Dave

As one with a child with an IEP, I'm torn here. On the one hand, I'm interested in being confident that the IEP is the best possible thing for my kid. On the other hand, a ruling in the other direction would, indeed, seem to open the floodgates to every parent to demand bigger, better, brighter, shinier, more expensive IEPs, whether warranted or not "I don't like that my kid only gets one-on-one treatment three times a week for an hour -- I want daily for two hours."

In a sense, it's like malpractice. The burden is on patients to show that the medical care provided was inadequate. If people could declare provided care inadequate and force doctors to defend their actions, without presenting a prima facie case of that inadequacy, no doctor could ever practice. Similarly, if I could simply declare an IEP inadequate and force the district to prove it was not, the results would be, it seems to me, most unfortunate.

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