If a party is deciding whether or not to sue a public or private school, there is an important distinction which must be considered prior to filing the suit. Unlike public schools, which are generally treated as government institutions and are subject to constitutional, substantive and procedural protection, private schools and the relationship with their students are often governed by contracts.
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As you are likely aware, IEP stands for Individualized Education Program. An IEP is a written plan, which sets forth in detail the special education needs of a particular child. In general, an IEP is formulated by a school’s Child Study Team, a Case Manager and a School District Representative. Should a parent or guardian disagree with the IEP plan presented for their child, there is a process to challenge an IEP.
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