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In M.S. by J.S. v. Utah Schs. for the Deaf and Blind, 116 LRP 19237 (10th Cir. 05/10/16), the 10th Circuit Court of Appeals ruled that the District Court cannot delegate the responsibility to determine the appropriate placement for a deaf/blind student to the IEP team.
The Office of Special Education Programs (OSEP) has issued a Memorandum to state special education directors, state preschool coordinators, and Head Start Directors clearly stating that a school district may not reject a referral or delay an initial evaluation of a preschooler because the prescho
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