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Education Law
No. 73-898
95 S. Ct. 729 (1975) | Cited 2008 times
... MR. JUSTICE WHITE delivered the opinion of the Court. This appeal by various administrators of the Columbus, Ohio, Public School System (CPSS) challenges the judgment of a three-judge federal court, declaring that appellees -- various high school students in the CPSS -- were denied due process of ...
No. 84-773
106 S. Ct. 1326 (1986) | Cited 1990 times
... JUSTICE STEVENS delivered the opinion of the Court. This case raises an important question of federal appellate jurisdiction that was not considered by the Court of Appeals: Whether one member of a School Board has standing to appeal from a declaratory judgment against the Board. We conclude that ...
No. 81-896
103 S. Ct. 948 (1983) | Cited 1561 times
... JUSTICE WHITE delivered the opinion of the Court. Perry Education Association is the duly elected exclusive bargaining representative for the teachers of the Metropolitan      School District of Perry Township, Ind. A collective-bargaining agreement with the Board of Education provided that Perry ...
Nos. 583, 584
45 S. Ct. 571 (1925) | Cited 1315 times
... MR. JUSTICE McREYNOLDS delivered the opinion of the Court. These appeals are from decrees, based upon undenied allegations, which granted preliminary orders restraining      appellants from threatening or attempting to enforce the Compulsory Education Act*fn* adopted November 7, 1922, under the ...
No. 84-433
105 S. Ct. 1996 (1985) | Cited 1108 times
... JUSTICE REHNQUIST delivered the opinion of the Court. The Education of the Handicapped Act (Act), 84 Stat. 175, as amended, 20 U. S. C. § 1401 et seq., requires participating state and local educational agencies "to assure that handicapped children and their parents or guardians are guaranteed ...
No. 96‑,1866.
118 S.Ct. 1989 (1998) | Cited 1051 times
... Argued March 25, 1998. The question in this case is when a school district may be held liable in damages in an implied right of action under Title IX of the Education Amendments of 1972, 86 Stat. 373, as amended, 20 U.S.C. § 1681 et seq. (Title IX), for the sexual harassment of a student by one of ...
No. 98-6276
172 F.3d 238 (1999) | Cited 1007 times
... Argued November 4, 1998 OPINION OF THE COURT I. The issue on appeal is whether Ridgewood Board of Education provided its student M.E. with a "free appropriate public education" as required by the Individuals with Disabilities Education Act, 20 U.S.C.A. § 1400 et seq. (Supp. 1998). The District ...
No. 85-410
106 S. Ct. 2537 (1986) | Cited 956 times
... JUSTICE POWELL delivered the opinion of the Court. This case requires us to decide whether 42 U. S. C. § 1983 authorizes an award of compensatory damages based on the factfinder's assessment of the value or importance of a substantive constitutional right. I Respondent Edward Stachura is a ...
Nos. 05-3774, 05-4008 & 05-4009
480 F.3d 259 (2007) | Cited 805 times
... PRECEDENTIAL Argued December 13, 2006 BEFORE: FISHER, CHAGARES and GREENBERG, Circuit Judges OPINION OF THE COURT I. INTRODUCTION This matter comes on before the court on an appeal and cross-appeals from orders the district court entered on June 3, 2005, and July 21, 2005, which became final ...
No. 95-8793
93 F.3d 739 (1996) | Cited 786 times
... KRAVITCH, Circuit Judge: In this § 1983 action against the Jefferson City Board of Education and Jefferson City school officials, Donna Mize alleges that she was fired in retaliation for comments she made concerning the disciplinary treatment of one of her students, in violation of her rights ...
No. 82-2120
104 S. Ct. 3457 (1984) | Cited 633 times
... JUSTICE BLACKMUN delivered the opinion of the Court. This case presents questions regarding the award of attorney's fees in a proceeding to secure a "free appropriate public education" for a handicapped child. At various stages in the proceeding, petitioners asserted claims for relief based on ...
No. 02-1624
124 S.Ct. 2301 (2004) | Cited 513 times
... 542 U. S. ____ (2004) Each day elementary school teachers in the Elk Grove Unified School District (School District) lead their classes in a group recitation of the Pledge of Allegiance. Respondent, Michael A. Newdow, is an atheist whose daughter participates in that daily exercise. Because the ...
No. 05-983
127 S.Ct. 1994 (2007) | Cited 491 times
... 550 U. S. ____ (2007) Some four years ago, Mr. and Mrs. Winkelman, parents of five children, became involved in lengthy administrative and legal proceedings. They had sought review related to concerns they had over whether their youngest child, 6-year-old Jacob, would progress well at Pleasant ...
No. 71-507
93 S. Ct. 2686 (1973) | Cited 373 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. This school desegregation case concerns the Denver, Colorado, school system. That system has never been operated under a constitutional or statutory provision that mandated or permitted racial segregation in public education. 1 Rather, the ...
No. 01-2358
336 F.3d 260 (2003) | Cited 372 times
... PRECEDENTIAL Argued June 6, 2002 OPINION OF THE COURT This Individuals with Disabilities Act case concerns the continuing placement of a hearing impaired child, I.H., in an out-of-district public school. At issue is the Newark School District's proposed individual education plan for I.H. for the ...
No. 97-1055
186 F.3d 1238 (1999) | Cited 274 times
... PUBLISH Penelope C. Murrell brought this action on her own behalf and as guardian ad litem for her daughter, Penelope C. Jones, against School District Number 1, Denver, Colorado (the School District). In her complaint, Ms. Murrell asserted that the School District violated Title IX of the ...
No. 02-2721
353 F.3d 108 (2003) | Cited 267 times
... Joshua Nieves-Márquez, a developmentally delayed and hearing-impaired teenager who attends public school in Puerto Rico, filed this federal lawsuit to compel officers of the Department of Education of the Commonwealth of Puerto Rico to provide him a sign language interpreter ordered for him several ...
Docket No. 97-7155
142 F.3d 119 (1998) | Cited 253 times
... At issue in this case is the 1995-96 educational plan and placement proposed for B.W., a learning disabled child. The Florida Union Free School District, located in Orange County, New York, and Maureen Flaherty, its Superintendent of Schools (hereafter collectively referred to as "the School ...
No. 88-1597
110 S. Ct. 2356 (1990) | Cited 250 times
... This case requires us to decide whether the Equal Access Act, 98 Stat. 1302, 20 U.S.C. §§ 4071-4074, prohibits Westside High School from denying a student religious group permission to meet on school premises during non-instructional time, and if so, whether the Act, so construed, violates the ...
No. 87-1855
109 S. Ct. 2397 (1989) | Cited 244 times
... JUSTICE KENNEDY delivered the opinion of the Court. The question before us is whether the Education of the Handicapped Act abrogates the States' Eleventh Amendment immunity from suit in the federal courts. I The Education of the Handicapped Act (EHA), 84 Stat. 175, as amended, 20 U. S. C. § 1400 ...
No. 03-3438
381 F.3d 194 (2004) | Cited 243 times
... PRECEDENTIAL Argued: June 16, 2004 OPINION OF THE COURT This is an appeal from a District Cou rt order overturning a state administrative law judge's decision holding that a school district failed to provide a "free appropriate public education" within the meaning of the Individuals with ...
No. 99-62
120 S.Ct. 2266 (2000) | Cited 242 times
... On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit Justice Stevens delivered the opinion of the Court. Prior to 1995, the Santa Fe High School student who occupied the school's elective office of student council chaplain delivered a prayer over the public address ...
No. 04-7051
401 F.3d 516 (2005) | Cited 235 times
... Argued February 10, 2005 Before: SENTELLE, HENDERSON, and TATEL, Circuit Judges. Opinion for the Court filed by Circuit Judge TATEL. Concurring opinion filed by Circuit Judge HENDERSON. When a school district deprives a disabled child of free appropriate public education in violation of the ...
No. 95-55273, No. 95-55374
91 F.3d 1261 (1996) | Cited 223 times
... THOMAS, Circuit Judge: Sheila Hopper ("Hopper") appeals the district court's entry of summary judgment against her qui tam False Claims Act ("FCA" or "Act") claim against the Los Angeles Unified School District ("LAUSD" or "School District"). The School District cross-appeals the district court's ...
No. 91-56361
4 F.3d 1467 (1993) | Cited 215 times
... CANBY, Circuit Judge This appeal involves a dispute over the appropriate educational placement for Bion Jackson under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. 1 The district court granted summary judgment in favor of the Ojai Unified School District ...
Nos. 08-2874 and 08-2940
585 F.3d 727 (2009) | Cited 202 times
... PRECEDENTIAL Argued July 14, 2009 Before: RENDELL FUENTES and ROTH, Circuit Judges. OPINION OF THE COURT The plaintiffs in this special education case, Patrick P., a minor child, and his parents, Rita and Michael P., appeal the District Court's grant of summary judgment to the defendant, the ...
Nos. 93-1777, 93-1881
15 F.3d 664 (1994) | Cited 200 times
... POSNER, Chief Judge. The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., gives disabled children an enforceable right to a "free appropriate public education which emphasizes special education and related services designed to meet their unique needs." § 1400(c). Kristi ...
No. 01-1364, No. 01-1411
303 F.3d 523 (2002) | Cited 196 times
... PUBLISHED Argued: June 4, 2002 Affirmed in part, reversed in part, and remanded by published opinion. Judge King wrote the opinion, in which Judge Gregory and Senior Judge Beezer joined. OPINION The School District of Greenville County, South Carolina ("the District"), has appealed the district ...
No. 93-1414
9 F.3d 184 (1993) | Cited 194 times
... COFFIN, Senior Circuit Judge. Plaintiffs Karl and Diane Pihl filed this lawsuit in 1987, alleging that defendants Massachusetts Department of Education, Lowell School Committee, City of Lowell and Lowell Special Education Administrator George Tsandikos denied educational services due Karl as a ...
No. 86-3938
811 F.2d 1307 (1987) | Cited 185 times
... Before: Eugene A. Wright, Jerome Farris and Robert R. Beezer, Circuit Judges. FARRIS, Circuit Judge: This appeal arises from a long-standing dispute between the parents of Gregory K. and the Longview School District as to what constitutes "free appropriate public education" for Gregory under the ...
Nos. 92-56119, 92-56312
59 F.3d 884 (1995) | Cited 185 times
... KLEINFELD, Circuit Judge: This case requires us to determine how a district court is supposed to review the decision of a hearing officer under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and whether the services the school district offered in this case satisfy the ...
No. 02-2056
341 F.3d 234 (2003) | Cited 176 times
... PRECEDENTIAL Argued April 1, 2003 OPINION OF THE COURT Defendants the New Jersey Department of Education ("NJDOE"), Jeffrey Osowski, Barbara Gantwerk, and Melinda Zangrillo (collectively "State Defendants") appeal from the order of the United States District Court for the District of New Jersey ...
No. 90-16358
967 F.2d 1298 (1992) | Cited 172 times
... BOOCHEVER, Circuit Judge: This is an appeal from the district court's dismissal of a class action suit brought by parents of disabled students alleging violations of the federal Individuals with Disabilities Education Act and state education law. The plaintiffs, parents of four disabled children, ...
No. 11-1447
680 F.3d 260 (2012) | Cited 170 times
... PRECEDENTIAL Argued March 19, 2012 Before: RENDELL, FISHER and CHAGARES, Circuit Judges. OPINION OF THE COURT M.R. and J.R., the parents of E.R., a minor, appeal from an order of the District Court, granting judgment on the administrative record in favor of Ridley School District. The District ...
No. 91-16546, No. 91-16595
15 F.3d 1519 (1994) | Cited 167 times
... FERGUSON, Circuit Judge: This case concerns the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., which guarantees handicapped children a free appropriate public education. Union School District ("District") appeals the district court's entry of summary judgment ...
No. 740
88 S. Ct. 1700 (1968) | Cited 166 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. This case was argued with No. 695, Green v. County School Board of New Kent County, ante, p. 430, and No. 805, Raney v. Board of Education of the Gould School District, ante, p. 443. The question for decision is similar to the question ...
No. 10-1449
655 F.3d 61 (2011) | Cited 165 times
... [Hon. Jose Antonio Fuste, U.S. District Judge] Before Thompson, Selya and Dyk 1 , Circuit Judges. This appeal grows out of a lurid allegation that a bus driver assigned to transport special education students to and from a public school sexually abused one of his charges. It presents important ...
No. 08-1205
551 F.3d 599 (2008) | Cited 164 times
... ARGUED SEPTEMBER 23, 2008 Before EASTERBROOK, Chief Judge, and KANNE and TINDER, Circuit Judges. Dmitri Alano, a teacher and assistant band director at Hamilton Southeastern High School ("HSE"), engaged in an improper sexual relation-ship with a student. The student's parents, the Hansens, filed ...
No. 96-20221
118 F.3d 245 (1997) | Cited 163 times
... WIENER, Circuit Judge: Defendants-Appellants Michael F., by his next friend and parents, Mr. and Mrs. Barry F., ("Michael's parents") appeal from the final judgment of the district court in favor of Plaintiff-Appellee Cypress-Fairbanks Independent School District ("Cy-Fair ISD"). The action arose ...
No. 10-2189
696 F.3d 233 (2012) | Cited 160 times
... PRECEDENTIAL Submitted Under Third Circuit LAR 34.1(a) July 9, 2012 Before: FUENTES, HARDIMAN and ROTH, Circuit Judges. OPINION OF THE COURT This case requires us to decide whether a public school district's failure to designate a struggling student as disabled violated the Individuals with ...
Docket No. 04-5370-cv
427 F.3d 186 (2005) | Cited 157 times
... Argued: May 25, 2005 Before: CALABRESI, B.D. PARKER, Circuit Judges, MUKASEY, Chief Judge. 1 Defendant-Appellant Pawling Central School District ("the District") appeals from a grant of summary judgment by the United States District Court for the Southern District of New York (Brieant, J.) to ...
Docket No. 04-4981-cv
459 F.3d 356 (2006) | Cited 151 times
... Argued: August 3, 2005 Before: POOLER, SOTOMAYOR, Circuit Judges, and KORMAN, District Judge 1 This appeal arises out of the efforts of the parents of a learning disabled child to obtain reimbursement for the private school tuition they incurred as a result of the failure of a local educational ...
Docket No. 02-7483
346 F.3d 377 (2003) | Cited 149 times
... Argued: January 13, 2003 Defendant appeals from the District Court's award of $51,603.13 in private-school tuition reimbursement to plaintiffs under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. The District Court held that the individualized education programs ...
Nos. 05-1301 & 05-1472
451 F.3d 13 (2006) | Cited 148 times
... Before Torruella, Circuit Judge, Hansen, 1 Senior Circuit Judge, and Lynch, Circuit Judge. A parent, Marta D¡az-Fonseca, brought suit in 2002 against the Commonwealth of Puerto Rico, its Department of Education, and two individual defendants, alleging that her child, Lyssette Cardona-D¡az, had ...
No. 80-1971
673 F.2d 969 (1982) | Cited 146 times
... Appellant Terri Ann Miener, by and through her guardian and next friend Clyde J. Miener, brought this action against several state and local governmental entities to secure rights allegedly due to her as a handicapped person. She sought declaratory, injunctive and monetary relief pursuant to 42 ...
No. 72-77
93 S. Ct. 2804 (1973) | Cited 146 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. A three-judge District Court sustained the validity of a Mississippi statutory program under which textbooks are purchased by the State and lent to students in both public and private schools, without reference to whether any ...
Nos. 03-4074 & 03-4120
434 F.3d 527 (2006) | Cited 144 times
... ARGUED APRIL 8, 2005 Before FLAUM, Chief Judge, and BAUER and WOOD, Circuit Judges. For the better part of two years, Lillian Mosely fought the efforts of the Chicago Public Schools to place her son Melvin in a special education class. She was not satisfied with the treatment Melvin was ...
D.C. No. 94-cv-00114
95 F.3d 272 (1996) | Cited 143 times
... Argued March 21, 1996 Filed September 12, 1996) OPINION OF THE COURT The Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. Section(s) 1400 et seq., requires states which accept federal funding for the education of disabled children to insure that those children receive a "free ...
No. 95-1201
78 F.3d 859 (1996) | Cited 139 times
... Argued January 29, 1996 (Filed: March 12, 1996) OPINION OF THE COURT This case arises under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. Section(s) 1400-85. Appellees Ned and Diane Drinker brought the case individually, and as parents and next friends of their son, Daniel, ...
No. 89-2046
916 F.2d 865 (1990) | Cited 139 times
... Opinion OF THE COURT NYGAARD, Circuit Judge In this declaratory judgment action brought pursuant to the Education of the Handicapped Act ("EHA"), 20 U.S.C. §§ 1401-1415, as amended, Education for All Handicapped Children Act of 1975, Pub.L. No. 94-142, and section 504 of the Rehabilitation Act of ...
No. 03-5396
392 F.3d 840 (2004) | Cited 139 times
... Argued: August 12, 2004 OPINION This case arises under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. ("IDEA"), and corresponding Tennessee laws and rules. Plaintiffs-Appellants, Maureen and Phillip Deal (the "Deals"), bring this action for and on behalf of their ...
No. 81-9
102 S. Ct. 3187 (1982) | Cited 138 times
... JUSTICE BLACKMUN delivered the opinion of the Court. We are presented here with an extraordinary question: whether an elected local school board may use the Fourteenth Amendment to defend its program of busing for integration from attack by the State. I A Seattle School District No. 1 ...
No. 99-17157
267 F.3d 877 (2001) | Cited 134 times
... Argued and Submitted March 13, 2001 Filed August 13, 2001; Amended September 25, 2001 OPINION Amanda J., a minor, by and through her mother and Guardian Ad Litem, Annette J., appeals from the district court's decision to affirm the State Review Officer's ("SRO") conclusion that she received a ...
No. 03-3268
392 F.3d 1223 (2004) | Cited 130 times
... The suit before us on appeal arises out of a dispute concerning the eligibility of J.L. and R.L. (the children) for special-education services provided by Unified School District No. 497, Douglas County, Kansas (the District). Plaintiffs are J. L; the Estate of R.L., who died after the suit was ...
No. 99-5021
205 F.3d 572 (2000) | Cited 129 times
... Argued: November 18, 1999 Opinion Filed: March 9, 2000 OPINION OF THE COURT Plaintiff N.R., through his parents, T.R. and E.M.R., brought this action against the Kingwood Township Board of Education ("the Board") under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C.SS 1400-91 ...
No. 00-1874
249 F.3d 773 (2001) | Cited 128 times
... Appeal from the United States District Court for the District of Nebraska Submitted: December 14, 2000 Appellant Kimberly Ann Shrum, on behalf of her minor son Justin Patrick Kelly, appeals from a grant of summary judgment entered in District Court 2 for the District of Nebraska in favor of ...
No. 91-35286
960 F.2d 1479 (1992) | Cited 125 times
... HUG, Circuit Judge: The Board of Trustees of Target Range School District No. 23, in Missoula, Montana, appeals from the decision of the district court, holding that procedural flaws in the formulation of an individualized education program resulted in the denial of a FAPE, under the Education for ...
No. 93-5767
42 F.3d 149 (1994) | Cited 125 times
... MANSMANN, Circuit Judge. Through the exercise in "cooperative federalism" which is the hallmark of the implementation of the Education of the Handicapped Act, 20 U.S.C. §§ 1400 et seq., now known as the Individuals with Disabilities Education Act, local school boards are mandated to provide a ...
No. 99-5095
231 F.3d 253 (2000) | Cited 122 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 00a0385p.06 Argued: June 20, 2000 KEITH, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. GILMAN, J. (pp. 20-21), delivered a separate concurring opinion. OPINION This appeal 1 presents ...
No. 06-1518
511 F.3d 1114 (2008) | Cited 120 times
... PUBLISH Before KELLY, ANDERSON, and McCONNELL, Circuit Judges. Plaintiff-Appellant Kristine Rost, as next friend of her minor daughter, K.C., appeals the district court's grant of summary judgment in favor of Defendant-Appellee Steamboat Springs School District RE-2 ("school district" or ...
No. 80-2364
658 F.2d 1205 (1981) | Cited 117 times
... At issue in this appeal is whether the district court, in reviewing a state administrative decision regarding the special education program for a handicapped student under the Education for All Handicapped Children Act (EAHCA), 20 U.S.C. § 1415(e)(2), properly declined to award compensatory damages ...
No. 98-1550
195 F.3d 845 (1999) | Cited 115 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 99a0375p.06 Argued: April 23, 1999 SILER, J., delivered the opinion of the court, in which KENNEDY, J., joined. MOORE, J. (pp. 18-22), delivered a separate opinion Concurring in part and Dissenting in part. ...
98-20546
200 F.3d 341 (2000) | Cited 115 times
... Appeal from the United States District Court for the Southern District of Texas Caius R., a minor child, by and through his parents, Bobby R. and Joyce R., initiated this action against the Houston Independent School District ("HISD") in a claim before a Texas Education Agency ("TEA") hearing ...
Nos. 00-55532,, 00-55666,, 00-55789
306 F.3d 646 (2002) | Cited 114 times
... FOR PUBLICATION Argued and Submitted October 17, 2001--Pasadena, California Opinion by Judge B. Fletcher OPINION This action arises out of a state and federal constitutional challenge brought by parents Sylvia Scott, René Amy, George Gordon MacPherson, Silvia Jimenez MacPherson, and Romeo Alva ...
No. 05-4112
474 F.3d 934 (2007) | Cited 112 times
... SUBMITTED APRIL 26, 2006 Before COFFEY, RIPPLE and ROVNER, Circuit Judges. Anthony Malone and Barbara Sims-Malone brought this action under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400 et seq., and 42 U.S.C. § 1983, alleging that the Illinois State Board of ...
No. 83-558
104 S. Ct. 3371 (1984) | Cited 112 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari to determine whether the Education of the Handicapped Act or the Rehabilitation Act of 1973 requires a school district to provide a handicapped child with clean intermittent catheterization during school hours. I ...
No. 08-3630
606 F.3d 59 (2010) | Cited 111 times
... PRECEDENTIAL Submitted Pursuant to Third Circuit LAR 34.1(a) April 12, 2010. Before: FISHER, HARDIMAN and COWEN, Circuit Judges. OPINION OF THE COURT This appeal arises from an order of the District Court, entered July 22, 2008, granting summary judgment in favor of the Cape Henlopen School ...
No. 06-17380
552 F.3d 786 (2008) | Cited 110 times
... FOR PUBLICATION OPINION Argued and Submitted September 12, 2008 -- San Francisco, California. Before: Diarmuid F. O'Scannlain, Ronald M. Gould, and Carlos T. Bea, Circuit Judges. Opinion by Judge Gould; Concurrence by Judge Bea OPINION We consider Individuals with Disabilities Education Act ...
No. 93-1123
998 F.2d 1083 (1993) | Cited 109 times
... SELYA, Circuit Judge. This appeal features a controversy between the parents of a handicapped child and a local school committee. Despite the parents' protests, a state hearing officer declared the school committee's 1991-92 individualized education program (IEP) appropriate for the child's needs ...
No. 93-35071
31 F.3d 1489 (1994) | Cited 109 times
... POOLE, Circuit Judge: The parents of an emotionally and learning disabled student, referred to as "Student W.," appeal from summary judgment for defendant Puyallup School District, No. 3 (hereinafter "District") and a denial of their request for attorney's fees. The parents brought suit under the ...
No. 02-1799
344 F.3d 335 (2003) | Cited 104 times
... PRECEDENTIAL Argued on October 31, 2002 OPINION OF THE COURT The present appeal is the latest chapter in the longstanding feud between citizens, public interest groups, municipal officials, and state agencies over the provision of public education in the City of Newark. In an earlier chapter, ...
No. 10-2184
675 F.3d 26 (2012) | Cited 104 times
... Before Lynch, Chief Judge, Lipez and Thompson, Circuit Judges. This case requires us to examine the rights of a disabled child under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1491, and to assess whether the child and his parents have raised triable discrimination ...
No. 04-16133
446 F.3d 1153 (2006) | Cited 101 times
... [PUBLISH] Before EDMONDSON, Chief Judge, BLACK and FAY, Circuit Judges. This appeal arises from a long-standing dispute between the parents of M.T.V., a child eligible for special education services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, and the DeKalb ...
No. 01-1440
272 F.3d 964 (2001) | Cited 98 times
... ARGUED SEPTEMBER 13, 2001 Juana Vargas-Harrison filed this action against her employer, the Racine Unified School District ("School District"), alleging that the School District had violated her First Amendment rights when it demoted her for opposing publicly one of its policies. The complaint ...
No. 98-7512,, No. 98-7517
190 F.3d 80 (1999) | Cited 98 times
... Argued June 2, 1999 OPINION OF THE COURT Plaintiffs Grant and Warren, through their parents, brought this action against the Cumberland Valley School District (District) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. ¶¶ 1400-1491o (1994), to recover reimbursement of ...
(D.C. Civ. No. 95-cv-01063)
96 F.3d 78 (1996) | Cited 97 times
... Argued June 4, 1996 Filed September 18, l996 OPINION OF THE COURT This matter, arising under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. Section(s) 1415 et seq., requires that we determine whether the parents of a student eligible for programs and services under the IDEA ...
No. 94-55557
93 F.3d 1458 (1996) | Cited 93 times
... O'SCANNLAIN, Circuit Judge: We must decide whether, under the Individuals with Disabilities Education Act, a California county is entitled to challenge both the state's classification of a minor as seriously emotionally disturbed and its finding ordering residential treatment for which the county ...
Nos. 89-2454, 89-2467
927 F.2d 146 (1991) | Cited 93 times
... Per Curiam Michael Barnett and his parents 1 appeal from the district court's order granting the Fairfax County School Board's motions to strike plaintiffs' claims for monetary damages and a jury, 721 F. Supp. 755, and the court's decision that the Board provided Michael with a free appropriate ...
No. 99-1061, & 99-1345
233 F.3d 1268 (2000) | Cited 89 times
... PUBLISH Plaintiff, a minor with physical and developmental disabilities, formerly attended school in Denver School District No. 1. She brought an action against the school district and the board of education, alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ ...
No. 01-35823
308 F.3d 1047 (2002) | Cited 87 times
... FOR PUBLICATION Argued and Submitted September 13, 2002--Seattle, Washington Opinion by Judge Gould; Dissent by Judge Berzon OPINION This appeal requires us to decide whether a plaintiff who seeks only money damages is required to exhaust administrative remedies before instituting a claim under ...
Nos. 79-2158, 79-2188 to 79-2190,, 79-2568 to 79-2570
629 F.2d 269 (1980) | Cited 87 times
... Opinion OF THE COURT The Education for All Handicapped Children Act, 20 U.S.C. §§ 1401-1420 (1976), requires that every state which elects to receive federal assistance under the Act provide all handicapped children with the right to a "free appropriate public education," id. § 1412, and ...
Nos. 80-2844/5
665 F.2d 443 (1981) | Cited 87 times
... Opinion OF THE COURT We are once again asked to define the rights of handicapped school children and the obligations of school districts, as well as the roles of courts and agencies, under the Education for All Handicapped Children Act, 20 U.S.C. § 1401 et seq. (hereinafter EAHCA). 1 First, ...
No. 99-1086
212 F.3d 41 (2000) | Cited 85 times
... APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Mary M. Lisi, U.S. District Judge] Melissa Weber, mother of Samuel M. Weber, filed a seven-count complaint in the district court for the District of Rhode Island against the Cranston School Committee, committee ...
Nos. 01-2889/2975
315 F.3d 1022 (2003) | Cited 84 times
... Submitted: May 13, 2002 This dispute involves a disabled student's right to a free appropriate public education within the meaning of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1487 (Supp. III 1997). The Neosho R-V School District (hereinafter "the School District") ...
Nos. 06-2344 and 06-2345
565 F.3d 1232 (2009) | Cited 84 times
... Before BRISCOE, GORSUCH, and HOLMES, Circuit Judges. Plaintiff-Appellant/Cross-Appellee Leslie Miller, on behalf of her son, S.M., filed suit under the Individuals with Disabilities Education Act ("IDEA"), alleging the inadequacy of the findings and remedy received under IDEA's administrative ...
No. 02-3928
349 F.3d 469 (2003) | Cited 84 times
... ARGUED MAY 20, 2003 Congress enacted the Individuals With Disabilities Education Act ("IDEA") with the primary purpose of ensuring that a "free appropriate public education" is available to all children with disabilities. 20 U.S.C. § 1400(d)(1)(A) (2003). To facilitate this goal, the IDEA requires ...
Nos. 98-3428/3482
205 F.3d 583 (2000) | Cited 84 times
... Argued March 23, 1999 (Opinion filed February 24, 2000) OPINION OF THE COURT Appellees Ed and Debbie Holmes brought an action under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. SS 1400 et seq ., to recover attorney's fees and costs. These fees and costs were incurred by ...
No. 87-2518
852 F.2d 290 (1988) | Cited 82 times
... ESCHBACH, Senior Circuit Judge. Benjamin Lachman is a profoundly deaf seven-year-old child who resides within the district boundaries of the East Maine, Illinois School District No. 63 ("the school district"). The school district is a member of the Maine Township Special Education Program ...
Nos. 99-4326/4394
238 F.3d 755 (2001) | Cited 82 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 01a0027p.06 Argued: November 2, 2000 OPINION Parents of a behaviorally disabled boy brought this action under the Individuals with Disabilities Education Act ("IDEA" or "Act"), 20 U.S.C. § 1400 et seq., against ...
Nos. 83-2613, 84-1984, 84-2080
793 F.2d 1470 (1986) | Cited 81 times
... Before: SNEED, SCHROEDER, and BRUNETTI, Circuit Judges. SNEED, Circuit Judge: The California Superintendent of Public Instruction (State Superintendent), the San Francisco Unified School District (SFUSD), the Superintendent of the SFUSD, and various other school officials appeal the expansive ...
No. 92-1096
992 F.2d 1040 (1993) | Cited 78 times
... TACHA, Circuit Judge. Appellants (collectively referred to as "Association for Community Living" or "ACL") seek review of a district court order granting Appellees' (collectively referred to as "Colorado Department of Education" or "CDE") motion for summary judgment. ACL brought this class action ...
Nos. 15043, 15044
351 F.2d 323 (1965) | Cited 78 times
... BIGGS, Chief Judge. This civil action attacks the constitutionality of a public school districting plan in the City of Englewood, New Jersey, on the ground that the plan promulgated by the defendants by which racial imbalance in the school system was substantially reduced denies to the plaintiffs ...
No. 94-1784
41 F.3d 1162 (1994) | Cited 77 times
... WILL, District Judge. On review from state agency proceedings, the district court found that the Murphysboro School District No. 186 ("school district") failed to provide Marjorie S. with an appropriate education as required by the Individuals with Disabilities Education Act ("IDEA"), 28 U.S.C. § ...
No. 02-3897
336 F.3d 211 (2003) | Cited 77 times
... PRECEDENTIAL Argued: May 14, 2003 OPINION OF THE COURT Former Punxsutawney Area High School student Melissa Donovan appeals from an adverse decision concluding that the Equal Access Act did not entitle her to convene a Bible club during her school's morning "activity period" — a time during ...
No. 85-1788
800 F.2d 749 (1986) | Cited 75 times
... ARNOLD, Circuit Judge. Terri Ann Miener, by and through her guardian, father, and next friend, Clyde J. Miener, brought this action in 1979, charging that several state and local government entities denied educational services due her as a handicapped child. She now appeals from two District Court ...
Nos. 87-3640, 87-3643
853 F.2d 256 (1988) | Cited 74 times
... ERVIN, Circuit Judge: Jonathan Spielberg is a severely retarded nineteen year old resident of Henrico County, Virginia. Since 1977, the Henrico County Public Schools have paid the full cost of his education at the Melmark School ("Melmark"), a residential facility in Pennsylvania, under the ...
Nos. 86-2747, 86-2825, 86-2842, 87-1537, 87-1554
903 F.2d 635 (1990) | Cited 73 times
... INTRODUCTION Three of the appeals addressed in this opinion are taken from the District Court's decision ordering Clovis Unified School District to pay for the placement of real-party-in-interest Michelle Shorey in King's View Hospital as a residential placement under the Education for All ...
Docket No. 97-7201
145 F.3d 95 (1998) | Cited 73 times
... August Term 1997 Argued: October 8, 1997 Appeal from a final judgment of the United States District Court for the Eastern District of New York (Thomas C. Platt, District Judge) entered in favor of plaintiffs vacating the administrative decision below, granting injunctive relief, awarding damages ...
No. 81-3494
700 F.2d 1058 (1983) | Cited 73 times
... CONTIE, Circuit Judge. In this appeal, the plaintiff challenges the placement of her retarded son under the Education for All Handicapped Children Act of 1975, 20 U.S.C. § 1401 et seq., (the Act). 1 As a condition for receiving federal aid, the Act provides that a free appropriate education must ...
Nos. 80-1436, 80-1469
645 F.2d 592 (1981) | Cited 73 times
... The State of Nebraska, the Omaha School District, and others (collectively defendants) appeal from an order of the district court 1 granting a preliminary injunction in favor of plaintiff Marla Rose. Plaintiff Daniel Monahan also cross-appeals from the court's denial of his request for a ...
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