When I worked in SpEd Law, in almost every case that went to due process opposing counsel (for school districts) sought to use the "bad faith" standard—despite our appellate (9th) very clearly applying "deliberate indifference" (as it should.) I wish I had faith that SCOTUS will get this one right.
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Chris Geidner
Arguments in the SCOTUS case about standards for disability cases, at least in the educational context, are ongoing here: www.supremecourt.gov/oral_argumen...
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