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Tuesday, January 11, 2011

7th Circuit clarifies that physician can not prescribe special education

Marshall Joint School District No. 2 v. C.D.: It should go without saying that the CSE, not a child’s physician, is responsible for the development of a child’s special education program. The role of the physician has, however, been a source of endless confusion. The 7th Circuit noted that
a physician’s diagnosis and input on a child’s medical condition is
important and bears on the team’s informed decision on a student’s needs. See 20 U.S.C. § 1414(c)(1)(A)(iii). But a physician cannot simply prescribe special education.

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