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Cardozo Journal of Conflict Resolution

Abstract

This Note seeks to fill that void by examining the unique role AT plays in a student's development and how mediation succeeds (and fails) in helping the student secure desired equipment and services. Part II of this Note examines the background law and facts governing the dissemination of AT devices and services and the mechanisms for resolving disputes surrounding that dissemination. Part III provides an illustrative example to demonstrate the complex legal issues that arise in the determination of technology appropriate for students with disabilities.

Part IV then examines why mediation offers a superior mode of resolution to both parents and school districts when conflict over AT arises. Finally, Part V suggests how various stakeholders can better facilitate mediation through legislative and administrative reform. This analysis and discussion is tailored to the law and administration of special education services in New York State. However, advocates nationwide ought to be able to apply many of the principles and recommendations discussed herein.

Disciplines

Civil Rights and Discrimination | Dispute Resolution and Arbitration | Education Law | Law | Science and Technology Law

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