Comments on: Remedy Ordered Needs To Be Tied To The Violation https://spedsolutions.com/remedy-ordered-needs-to-be-tied-to-the-violation/ Education Consultants Wed, 27 Apr 2022 16:43:51 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Michael Lloyd https://spedsolutions.com/remedy-ordered-needs-to-be-tied-to-the-violation/#comment-8817 Wed, 27 Apr 2022 16:43:51 +0000 https://spedsolutions.com/?p=32442#comment-8817 I am unsure if this 9th Circuit matter is commensurate with the legal holdings in NYS where the LEA failure to produce an IEP is an automatic failure of FAPE and parents would be entitled to the continuing second year’s tuition…. without ‘requesting an IEP’. In NYS (as I understand) the CSE is mandated to produce an annual IEP for identified handicapped students, isn’t this the basis for dual enrollment?
Am I missing something?

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