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INDIVIDUALS WITH DISABILITIES EDUCATION ACT ("IDEA")

To qualify under IDEA, a child must satisfy three criteria: (i) He must suffer from one or more of the categories of impairments delineated in IDEA; (ii) His impairment must adversely affect his educational performance, and; (iii) His qualified impairment must require special education and related services. Dennis E. Cichon, Responsibility Under the Education For All Handicapped Children Act of 1975, 48 Ohio St. L.J. 1089, 1112 (1987).

If a school district fails to provide free appropriate education from which a qualified child can benefit, a parent has an equitable right to reimbursement for a private educational placement. W.G. v. Board of Trustees, 960 F.2d 1479, 1485 (9th Cir.'92) (citing Burlington School Comm. v. Mass. Dep't of Educ., 471 U.S. 359 (1985)). However, a nexus must exist between the qualified impairment and the necessity of a private placement.

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