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Phyllis K. Saxe, an attorney, writes that two courts have ruled that individuals do not have a private right of action under the NCLBA. Nevertheless, given the broad emphasis on individualized education promoted by the IDEA, it is conceivable that a successful claim may be pursued asserting that schools are in violation of the IDEA when they alter a special education students' IEP in an effort to have the disabled student meet the NCLBA's state assessment standards.
November 27, 2007 at 12:00 AM
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