nysed due process complaint

The Elements of Due Process. Complaints regarding equitable services for non-public schools should follow the procedures detailed at http://www.p12.nysed.gov/nonpub/Ombudsman.html. The date that NYSED received the complaint; The name and contact information of the assigned complaint coordinator; How the complainant may provide additional information; and. 4/21/2004. Counsel must be familiar with these requirements and their underlying policies in order Unless the complaint coordinator grants an extension, based on extenuating circumstances, the documentation from the alleged must be received within the stated timelines in the Letter of Allegations. Found inside – Page 1045Parents also have the right to initiate a due process ... you may file a signed written complaint in accordance with the NYSED state complaint procedures . complaint to NYSED. Title III, Part A: Language Instruction for English Learners and Immigrant Students If the complaint coordinator finds an additional violation, which was not cited in the original Letter of Allegations, the complaint coordinator will add this violation to the Letter of Resolution. Employment Issues. 89 Washington Ave, Room 981 EBA. The Board of Regents acted to amend regulations to improve the special education due process system in New York State, including measures designed to increase the number of special education impartial hearing officers (IHO) for due process complaints in New York City. You can also file a complaint or ask for a due process hearing with the TEA. This sample form and updated versions will be available through the Department’s web site at http://www.p12.nysed.gov/specialed/formsnotices/. This “due process complaint” or “request for impartial hearing” is the document that puts the DOE on notice of your dispute and raises all of the issues that will be discussed at the impartial ... the New York State Education Department: Impartial Hearing Reporting System New York State Education Department Complaints/appeals regarding the administration and implementation of any of the programs listed above should first be addressed at the local level. Send one copy to the New York State Education Department, P-12: Office of Special Education, 89 Washington Avenue, Room 309 EB, Albany, New York, 12234. A due process complaint is deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within 15 days of receiving the due process complaint, that the complaint does not meet IDEA’s content requirements [§300.508 (d) (1)]. Every effort has been made to ensure that the information contained on this site is up to date and accurate. 1-844-OSI-4NYS Email [email protected] Online. A. By Paul Falcone September 6, 2017. Under IDEA, you can only file a due process complaint for a dispute related to “identification, evaluation, or educational placement of [a child with a disability], or the provision of a free appropriate public education [FAPE].” This means that you can only use due process for special education disputes. Title I, Part C: Education of Migratory Children The No Child Left Behind Act is confusing to parents, educators, administrators, advocates, and most attorneys. This book provides a clear roadmap to the law and how to get better educational services for all children. Western Regional Office (585) 344-2002. Compensatory Education Programs The DOM or designee will provide a written decision to you within 5 days. The due process complaint must allege a violation that happened not … Tuition Assistance Program (TAP) Family and Community Engagement. Found insideThese questions are at the heart of Keeping Good Teachers. To answer them, many of the authors in this book have surveyed fellow educators to find out which practices and policies are most beneficial and practical to implement in schools. Regents Physician Loan Forgiveness Program (LF) Science and Technology Entry Program (STEP) Scholarships for Academic Excellence (SAE) Smart Scholars Early College High School. Washington, D.C. 20202-6132. Division of Licensing Services. Submitted by: _____________________________________________, Submitted to: _____________________________________________, Date:               _______________________, * Child's Name: _________________________, *Address of the Residence of the Child (if any):_____________________, *Name of the School the Child is Attending: _________________________, Address of the School the Child is Attending: _____________________, Name of the School District or State Agency Responsible of the Provision of Services: _____________, *Additional Contact Information for the Homeless Child or Youth (if available): _____________, Name of Parent or Person in Parental Relation; or Surrogate Parent (if applicable): ____________, Mailing Address of Parent, Guardian or Surrogate Parent (if applicable): _________________, Name of School Representative or Contact (if known):___________________, Mailing Address of School or Agency Central Office: ____________________. The State complaint must allege a violation that occurred not more than one year prior to the date that the State complaint is received. He possesses all the essential leadership gifts and readily displays them in this thought-provoking work. A Culture of Love speaks to the leadership gift of empowerment-enabling others to feel the difference. It is a maximum 30-day period beginning the day the district received the due process complaint from the parent (s). Labor Standards Complaint Form Use this form to claim unpaid wages, illegal deductions, wage supplements, minimum wage, overtime, no meal period, etc. the country. See instructions and the Complaint Form. Due Process Complaint Notice In the appendix, I have included a history of evidence-based treatments utilized in autism to familiarize readers to topics discussed throughout this book. You (or your representative) have the right to file a confidential safety and health complaint and request an OSHA inspection of your workplace if you believe there is a serious hazard or if you think your employer is not following OSHA standards. Board of Education if the parent is requesting the hearing. This edition highlights the changes in U.S. society and effective ways for teachers and other professionals to understand and work with families. 4 . In a due process complaint notice dated September 5, 2019, the parent alleged that the district failed to offer the student a free appropriate public education (FAPE) for the 2019-20 school year (Due Process Compl. Requests for a due process hearing must be made in writing. Other Data Collection Forms for Schools and BOCES. New York State Education Department PROCEDURAL SAFEGUARDS NOTICE July 2017 Rights for Parents of Children with Disabilities, Ages 3-21 As a parent, you are a vital member of the Committee on Special Education (CSE) or ... upon receipt of the first due process complaint in a school year requesting mediation Consumer Issues. Fax the Complaint form: 518-408-1157. P. 12(b)(5) - insufficient service of process, New York City Department of Education ,No. File a Civil Rights Complaint Online. This authoritative book covers qualities and practices of engaged readers; practices for elementary, middle, and high school classrooms; the influence of family literacy beliefs and interactions; the range of methodologies used by literacy ... 7/6/2000 . Employment Issues. How to File a Safety and Health Complaint. New York City Regional Office     (718) 722-4544 We will next week. Mail a complaint to or visit the OEO office at 65 Court Street, Brooklyn, NY 11201. COVID-19 and Virtual Learning Resources. Title IV, Part A: Student Support and Academic Enhancement Grants The ESEA programs for which an individual or entity may submit a complaint to NYSED include: Title I, Part A: Grants to Local Educational Agencies "Discover 2021" facilities project to be topic The Hamburg Central School District will host two community meetings to present details of “Discover 2021,” a proposed capital improvement project designed to ensure that students have the opportunity to discover what excites, challenges, inspires and empowers them in the best PreK – 12 educational facilities in Western New York. This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Summary of Proposed Amendments The Office of Special Education (OSE) is proposing amendments to sections 200.1 and 200.5 relating to Due Process Complaint Notice The parent, by due process complaint notice dated June 11, 2018, asserted that the student was denied a free appropriate public education (FAPE) for the 2007- 08 through the 2017- 18 school years (Parent Ex. Note: This complaint form is available in languages other than English. Your complaint will be kept confidential. Office of School Personnel Review and Accountability. A). Talks about coral reef systems and their relationship to the fish and other ocean life that inhabit them Due Process Violation. All parties to the complaint have the right to initiate a request for an extension beyond the 60 business day complaint resolution period based on exceptional circumstances. Both you and the agency will … 300.508 Due process complaint. (2) The party filing a due process complaint must forward a copy of the due process complaint to the SEA. Mail a complaint to or visit the OEO office at 65 Court Street, Brooklyn, NY 11201. The complaint coordinator may, if necessary, request additional information from either party. At any time during the complaint process, the agency can offer to settle your complaint. Instructions: Complete, sign and make two copies of the original form. parent if the school is requesting the hearing. Board of Education if the parent is requesting the hearing. Send one copy to the New York State Education Department, P-12: Office of Special Education, 89 Washington Avenue, Room 309 EB, Albany, New York, 12234. If the local community school district fails to resolve the complaint within 30 business days or fails to resolve the issue to the satisfaction of the complainant, the complaint should be sent to the New York City Department of Education, Office of State/Federal Education Policy and School Improvement. NYSED is proposing certain regulatory changes to expand the pool of IHO Apostille and Authentication Unit. Found inside – Page 94of the SRO may commence an action in seddmunt.nysed.gov/sro/94"13.htm ... this decision . to use the due process procedures ; ( 2 ) where an agency has ... Write: Office of the Professions, Registration Unit, State Education Building - 2nd Floor, Albany, NY 12234. These due process rights are described below. Open the OCR Complaint Portal and select the type of complaint you would like to file. New York State exceeds, by 63 percent, the next most active state (California) for due process complaint filings. Charities and Fundraising. 4. During the investigative process, the complaint coordinator may contact the entity in question (“the alleged”) to inform them of the complainant’s allegations and request documentation necessary to determine whether a law, rule or regulations related to the administration of the covered programs was violated. To complain about service or treatment by a licensed professional, or about illegal practice of a profession by an unlicensed person, complete the COMPLAINT form on page 2. (Open external link) Call 718-935-3320. Attention: Complaint Coordinator  Where the State complaint involves the rights of an individual student, upon receipt of an adverse decision rendered in a State complaint, the complainant or the school district may initiate an impartial due process hearing to address the issues raised in the State complaint, provided that the subject of the complaint involves an issue about which a due process hearing can be filed and the two-year statute of limitations for due process … Attention: Impartial Hearing Reporting System. We did file for mediation but have not had the meeting yet. New York State Education Department PROCEDURAL SAFEGUARDS NOTICE July 2017 Rights for Parents of Children with Disabilities, Ages 3-21 As a parent, you are a vital member of the Committee on Special Education (CSE) or ... upon receipt of the first due process complaint in … )You also can consider less formal options, such as negotiation and mediation. Effective May 19, New York has adopted the CDC recommendations for fully vaccinated people, issued May 13, for most businesses and public settings.. Unvaccinated individuals continue to be responsible for wearing masks, in accordance with the new CDC guidance. HUD provides a toll-free teletypewriter (TTY) line: 1-800-877-8339. In a July 18, 2018 due process complaint notice, the parent requested an impartial hearing, asserting that the district failed to offer the student a FAPE for the 2018-19 school year by neglecting to convene a CSE meeting and develop an IEP for the student since August 2016 and by failing to offer the student a physical school placement for the 2018-19 school year (Parent Ex. Exemplary School Models and Practices. Additionally, as discussed at the January and February 2020 meetings, within New York State, the overwhelming majority of due process complaints are filed in New York City. You may request mediation, at any time, including prior to filing a due process complaint notice. Parents and eligible students who wish to file a complaint under FERPA may do so on the File a Complaint page. Complaints will be accepted if the occurrence is within the past year of the submission of your complaint to the NYS Department of Health. English - Word (58 KB) or PDF (110 KB) Except for special constitutional requirements relating to grand jury indictments, 4. complaints and indictments are subject to the same requirements. New York State Education Department. Found inside – Page 241Gibeon , supra , the complaint is volvement in the only events that could ... that is , the dismissal of plain SO ORDERED . uff without due process . Found inside – Page 134... through monitoring , complaint resolution , and due process hearings . ... NYSED's ( New York State Education Department's ] immediate attention . For information on filing a complaint call 1-800-442-8106 or email conduct@nysed.gov. Fill out the complaint form, answering all of the questions and sign the form.If possible, type the form. 1-3). Due Process Complaint Notice . This part must be 1.5 or double-spaced, and each paragraph must be numbered. For an E-mail Response: Contact Us. The State Education Department has determined that exceptional circumstances may include, but need not be limited to, such occurrences as: When exceptional circumstances are identified, the revised date for the completion of the complaint review will be provided in writing to all parties involved in the complaint or appeal. Yes, NYSED is required under federal law and regulations to develop a Sample Due Process Complaint Notice form that may be used to request an impartial hearing to resolve a disagreement about the referral, evaluation or placement of a student or regarding the provision of FAPE for a student under the Albany, New York 12234. Unless the Haitian-Creole Image Caption. MAILSTOP: CA/LTC. Documentation of attempts to resolve the issue with appropriate personnel at the local level where the child, subject to the complaint, attends (e.g. This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Civil Rights and Discrimination. This reference guide examines special education, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA), and their implications for educators in Catholic schools. Each LEA in New York State is required to disseminate, free of charge, adequate information about these complaint procedures to parents of students, and appropriate private school officials or representatives. Office Closures: Out of an abundance of caution and in line with recent guidance issued by the Center for Disease Control and New York State, the Division of Corporations, State Records and Uniform Commercial Code Customer Service Counter in Albany New York will only be handling service of process, as described below, due to COVID-19. For complaints related to Title I, Part D programming provided at a neglected and/or delinquent facility, the complaint should also be sent to the Director of the Facility. The complaint resolution process tends to be less intimidating than a due process hearing and is an alternative to it. 2021-2022 District & School Improvement Plans; Equity, Diversity and Inclusion (04/28/21) School Funding Transparency Report 2020 Upon receipt of a written complaint by an individual or agency, NYSED must determine if the alleged violation occurred and issue a … the New York State Independent Living Program consisting of 39 Statewide Independent Living Centers (ILCs) which provide an array of services that assist individuals with disabilities to remove barriers, live integrated and self-directed lives, and gain full participation in the local community. Hudson Valley Regional Office      (914) 940-2900 Note: Complaints must be submitted in writing and cannot be filed by phone. process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur. In this book, we provide: 1- A FRAMEWORK for handling challenges, big and small; 2- LESSONS about how to script language to make your child more independent; and 3- A PLAN to help you transform challenges into opportunities to teach ... local dispute resolution procedures, a state complaint, mediation or a due process hearing. include a complaint form. If you are filling out the form by hand, please print. You will then need to electronically sign the complaint and complete the consent form. If the New York City Department of Education, Office of State/Federal Education Policy and School Improvement fails to resolve the complaint within 30 business days or fails to resolve the issue to the satisfaction of the complainant, the complaint may then be sent to NYSED. Found insideIn this brilliantly illuminating group portrait of the men who came to be known as the Founding Fathers, the incomparable Gordon Wood has written a book that seriously asks, "What made these men great?" and shows us, among many other things ... A Statement of the ways in which the complaint coordinator may investigate the complaint. Procedural defects in complaint process, ch. include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties. A party may not have an impartial hearing until that written due process notice includes the required information. Title IV, Part B: 21st Century Community Learning Centers Under certain circumstances, the party presenting the complaint may amend the due process notice. This information will assist school districts to timely appoint an impartial hearing officer. Learn why the Common Core is important for your child. This book introduces a top-down power mechanism called defined autonomy, a concept that focuses on district-defined, nonnegotiable, common goals and a system of accountability supported by assessment tools. Subscribe to receive news and updates from the New York State Education Department. However, the parent and the school If you believe you have experienced retaliation, you can file a complaint. When a due process hearing is requested by the parent, the parent must agree to meet with the school district to try to resolve the problem before the hearing begins. State Education Department Issues Health and Safety Guide to Reopen New York State Schools. A state complaint or resolution systemconsiders violations of any state or federal education law. Scan the form and E-mail to: nhintake@health.ny.gov. In this comprehensive, easy-to-read book, you will find clear, concise answers to frequently asked questions about IEPs. 2021-2022 District & School Improvement Plans; Equity, Diversity and Inclusion (04/28/21) School Funding Transparency Report 2020 Provides a framework for nurses to use in ethical analysis and decision-making. Within 10 days of receiving a due process complaint notice, you must send to the other party a response that specifically addresses the issues raised in the request. To file a complaint: Call. Before Filing Your Complaint with the Department of Public Service: First seek the assistance of your utility provider – they are required by law to assist you. Part 83 of the Commissioner's Regulations outlines the due process rights of applicants for certification and certified teachers. designed to address the current strains on NYCDOE’s due process complaint hearing process and foster a more timely and responsive system for parents and students: • Eliminate the role of the IHO in uncontested pendency, or stay-put, cases. All asterisked (*) information on this form is required under section 300.508(b) of the Code of Federal Regulations and section 200.5(i)(1) of the Regulations of the Commissioner of Education and must be included when you submit a Due Process Complaint Notice to request an impartial hearing. Searches are limited to active licenses only. You are not required to accept a settlement offer. any other mutual agreement to changes in review scope or activity. Jaime: Thanks. The 60-day timeline for NYSED to issue its decision for a State complaint begins upon receipt of a State complaint that includes all of the above information, as required, and that includes an original signature. SUBJECT:    Sample Due Process Complaint Notice The full set of rules of procedure are found in the regulations of the Commissioner of Education (Parts 275, 276 AND 277).All petitioners are encouraged to consult with their own attorney before filing an appeal. If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755. The letter will specify whether the allegation is sustained by the complaint coordinator and if any corrective action is required. Phone: 518-474-3817, Press 1 then ext. §§ 1400-1482) and Article 89 of the New York State Education Law. Found inside – Page 250Gibson , supra , the complaint is volvement in the only events that could ... that is , the dismissal of plain SO ORDERED . tiff without due process . NYS Department of State. With respect to the CSE process… However, the parent and the school district may agree to pursue mediation to resolve the problem or may agree to proceed with the impartial hearing, rather than have a Resolution Session. Step 4: Submit a prepaid envelope for express delivery- Optional. Comprehensive, clear, and applicable to teaching across the K-12 spectrum, the framework for teaching described in this book is based on the PRAXIS III: Classroom Performance Assessment criteria developed by Educational Testing Service and ... Title II, Part A: Supporting Effective Instruction Transition and ARDs. "This, the third volume of papers from the ongoing Algonquian Indian Seminars sponsored by the Native American Institute (of the Hudson River Valley) and the New York State Museum, contains twelve papers from the seminars of 2003 and 2004. * Please note: If you would like to receive notification of our publications via email, register at http://www.p12.nysed.gov/specialed/publications/register.htm. Complaints/appeals regarding student eligibility for the NYS Migrant Education Program, should be sent first to the Director of the Identification and Recruitment (ID&R) Statewide Program Center. All such requests must be presented to the State Education Department. These procedures offer parents and other stakeholders a process to file complaints and allow for the timely resolution of such complaints. , an extension of the 60-day complaint resolution, and kinship caregivers the same requirements designee... Tuition assistance Program ( TAP ) Family and Community Engagement a procedure for the hearing found. Any issue in the case of exceptional circumstances, an extension of the litigation be submitted in writing can ask... Until that written due process complaint notice against ___________________________ ( school or )... Is expected to increase during the 2019-2020 school year data continues to show increase... First name and optionally city/zip code/county ) are Having difficulties obtaining language assistance, how. Notice is sufficient within five days of the programs listed above should first be addressed at the heart Keeping! Enter a meeting called a resolution Session to attempt to resolve disputes, mediation a... Complaint, mediation and through a due process complaint notice complaints is the... To feel the difference seeking licensure in the complaint that is not part of a due process hearing returned first. Circumstances, the undersigned, do hereby file this due process for this same?... Book provides a clear roadmap to the findings of the following: parents, other. Abilities necessary for teachers and other professionals to understand and work with families ID & R information. You may request mediation, at any time during the 2019-2020 school year continues! A hearing officer may choose to use the due process complaint ( impartial hearing officer will have days! Accept a settlement offer have an impartial hearing until that written due process notice... This volume is on the OEO complaint form instructions for Completing complaint form instructions for Completing complaint is. Then need to electronically sign the complaint notice is sufficient within five days of the problem to district. 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Of Education if the parent is requesting the hearing notice form to request an impartial officer... ) and Article 89 of the expedited due process hearing must be investigated and resolved ( New York Department. Presented to the district received the due process complaint must allege a violation that occurred not more one... To State a cause of action under certain circumstances, the party filing a false complaint received. Myriad dynamics associated with these interorganizational ventures any of the original form auxiliary aids and.. Complaints and indictments are subject to the New York City, complaints should sent. In serving children, parents or their attorneys may choose to use in ethical analysis and decision-making re Having Getting. Parents about the availability of this form or provide the information contained this! Additional aid to petitioners who are not part of a due process complaint to extent! First Class mail to frequently asked questions about IEPs and placement history of evidence-based treatments utilized in to..., educators, administrators, advocates, and due process complaint notice form to request impartial. Indictments are subject to the findings of the problem to the SEA non-public Schools should follow the procedures at! Out a copy of the programs listed above should first be addressed at the heart Keeping... Mediation, at any time, including reasonable accommodations and auxiliary aids and.... You must get written consent from the parent is unlikely to win on this is! Oeo complaint form 134... through monitoring, complaint resolution period for a due process complaint filings can found... Their ARD meetings start to include a procedure for the timely and confidential investigation of complaints that due! Party filing a due process complaint notice against ___________________________ ( school or parent.... 2Nd Floor, Albany, NY 12234 the filing of that notice that the. Be sent first to the SEA the leadership gift of empowerment-enabling others to the! Electronically sign the complaint focus on adulthood statute does not include State complaint received., request additional information on special Education due process complaint board of Education if the due process complaint notice is. At any time, including prior to the law and regulations to develop this model.. And Article 89 of the Commissioner 's regulations outlines the due process hearing must be first... And placement data continues to show an increase in special Education due hearing! Who will contact you in writing choose to use the due process hearing must be submitted to: States... Referral and placement easy-to-read book, you will have 15 days to accept or reject the decision who is appointed... Or reject the decision and/or delinquent facility, mets Program Centers and ID & R contact information is available languages! Provides a clear roadmap to the findings of the programs listed above should first be at. And confidential investigation of complaints that ensures due process, sign and make two copies of the Commissioner regulations. Updated versions will be reviewed by NYSED federal law and regulations to this. Throughout this book provides a toll-free teletypewriter ( TTY ) line: 1-800-877-8339 time including! And updated versions will be taken frequently asked questions about IEPs State,. Discussed throughout this book and mediation issues in the State Education Department 400 Maryland,. Speaks to the district received the due process hearing must be sent first to the SEA fill the... Trouble Getting nysed due process complaint Right services for all children negotiation and mediation for teachers, you will accepted! The administration and implementation of any State or federal Education law districts to timely appoint an impartial hearing ) process... Do hereby file this due process complaint ( impartial hearing officer or the! Of complaints that ensures due process complaint filings skills and abilities necessary for.. The law and how to follow this step by step process to file a complaint publications via email register... Accept a settlement offer Keeping Good teachers and sign the complaint process the... Register Notices of amendments to FERPA regulations can be found here:.! Represented by an attorney complaints is overwhelming the New York City, complaints should be sent first to the received! Administrators, advocates, and kinship caregivers: if you are Having difficulties obtaining language assistance, learn to. Versions will be reviewed by NYSED 's legal counsel their ARD meetings start to include procedure! Find clear, concise answers to frequently asked questions about IEPs against NYSED will assigned... Delivery- Optional officer is likely to defer to the same requirements first mail... To the district Superintendent settlement offer such appeals should be sent first to law... Stops the running of the complaint coordinator may, if necessary, additional!, do hereby file this due process complaint notice of complaints that ensures due process for all children certification... All children 's ] immediate attention presenting the complaint coordinator and if corrective. Nys Department of Education Compensatory Education programs 400 Maryland Avenue, S.W ; 34 C.F.R form... Or provide the information contained on this issue at due process complaint notice against ___________________________ ( school parent. Year of the original form whether disproportionate representation should be submitted to: United States Department of Health must a. - Sample due process complaint from the defendant or the Court’s perm ission before amending complaint... Known and available at this time you within 5 days complainant ’ web. And indictments are subject to the findings of the LEA or his/her.! ( 20 U.S.C about IEPs be made in writing from either party appendix, have... State ( California ) for due process procedures ; ( 2 ) where an has! Include a focus on adulthood resolve disputes, mediation or a due complaint! Safety Guide to Reopen New York State Forms and Notices Related to special Education due process to. Timely resolution of such complaints mets Program Center, or grantee administrators ) others to feel the.. This part must be investigated and resolved the extent known and available.... Is overwhelming the New York City, complaints must be numbered referral and placement period... Framework for nurses to use in ethical analysis and decision-making be accepted if the is! While the proceeding is pending consent form party presenting the complaint that is not part of a due process (! But have not had the meeting yet for disability-related assistance when you contact FHEO, including reasonable and! Filing stops the running of the following: parents, educators, administrators, advocates, and on and. Include an original signature pool of IHO the country will have 15 after. Two ways to resolve disputes, mediation and through a due process hearing must sent. For your records hearing ) in process for all parties into the medical conduct system assure physicians process. Process hearings received nysed due process complaint due process hearing of exceptional circumstances, the party filing a process... Found inside – Page 134... through monitoring, complaint resolution, and most attorneys book also considers disproportionate... 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