Individuals with Disabilities Education Act

• C.L. v. Scarsdale Union Free School District (2d Cir.) – Amicus
  • When the least restrictive environment requirement is considered as a factor in assessing the appropriateness of a parental placement, state officials and courts should look at the restrictiveness of the private school options the parents had once the public school failed to comply with the IDEA, not the restrictiveness of the private school compared to a regular education classroom at a public school
  
   

  Document	Date
  Brief as Amicus	01/09/13

• E.M. v. Pajaro Valley Unified School District (9th Cir.) – Amicus
  • The district court erred in holding that a child's symptoms or diagnosis may only be considered under one category of disability, and since E.M.'s auditory processing disorder (APD) fell within the learning disability category, he could not be considered under "other health impairment"
  • The court of appeals should defer to the Department of Education's interpretation of the IDEA, its regulations, and its policy guidance
  • A child's impairment could fall within more than one category of covered disability as long as the criteria for that category of disability are met
  • A diagnosis of APD could meet the criteria of "other health impairment"
  
   

  Document	Date
  Brief as Amicus	08/02/12

• Phillip and Angie C. v. Jefferson County Board of Education (11th Cir.) – Amicus
  • 34 C.F.R. 300.502 (1999) is a lawful exercise of regulatory authority and consistent with the requirements of the Spending Clause
  
   

  Document	Date
  Court of Appeals Decision, 701 F.3d 691	11/21/12
  Brief as Amicus	02/21/12

• K.M. v. Tustin Unified School District (9th Cir.) – Amicus
  • The IDEA and the ADA have different statutory elements and purposes
  • The district court erred when it concluded that the school district's compliance with the IDEA automatically satisfied Title II of the ADA
  
   

  Document	Date
  Brief as Amicus	01/24/12

• Jefferson County School District R-1 v. Elizabeth E. (10th Cir.) – Amicus
  • The school district bears the burden of proof when the administrative decision, as here, was in parents' favor
  • This Court should adopt a test that requires school districts to pay some portion of the costs of residential placement when the child's educational and other disability-related needs are effectively intertwined
  
   

  Document	Date
  Court of Appeals Decision, 702 F.3d 1227	12/28/12
  Brief as Amicus	11/23/11

• Compton Unified School District v. Addison (S. Ct.) – Amicus
  • The decision below is correct; it does not conflict with the decision of any other court of appeals or of the Supreme Court
  • This case does not present an appropriate vehicle for the Court to consider the question: whether an allegation that a school district has violated the "child find" provision of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1412(a)(3)(A), may be considered in a due process hearing under the IDEA
  
   

  Document	Date
  Certiorari Denied, 132 S. Ct. 996	01/09/12
  Brief as Amicus in Response to Court's Invitation	11/18/11

• American Nurses Association, et al. v. O'Connell (Cal. S. Ct.) – Amicus
  • As applied to the state court settlement of a federal case brought by Intervenor American Diabetes Association, state law is preempted because it imposes an obstacle to compliance with the IDEA, Title II, or Section 504
  
   

  Document	Date
  Brief as Amicus	05/11/11

• Klein Independent School District v. Hovem (5th Cir.) - Amicus
  • The continuous failure of the school district to provide an IEP that addressed Hovem's unique learning disability violated his right to a free appropriate public education
  • Hovem, who is over 18, may recover the costs his parents spent for his private school education
  
   

  Document	Date
  Court of Appeals Decision, 690 F.3d 390	08/06/12
  Brief as Amicus [PDF]	04/22/11

• Payne v. Peninsula School District (9th Cir.) – Amicus
  • Where a plaintiff alleges unconstitutional abuse and seeks only backward-looking remedies, the IDEA's exhaustion requirements do not apply
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 653 F.3d 863	07/29/11
  Brief as Amicus [PDF]	11/04/10

• Forest Grove School District v. T.A. (S. Ct.) -- Amicus
  • Under the traditional canons of statutory interpretation, the Department of Education’s interpretation is the correct one; in any event, the Department’s interpretation is entitled to Chevron deference
  
   

  Document	Date
  Supreme Court decision, 129 S. Ct. 2484	06/22/09
  Brief as Amicus	04/01/09

• John M. v. Board of Education (7th Cir.) -- Amicus
  • The supports and services set out in John’s last agreed-upon IEP constitutes his stay-put placement
  
   

  Document	Date
  Brief for the Department of Education as Amicus Supporting Reversal[PDF]	05/22/07
  Court of Appeals Decision [PDF], reported at 502 F.3d 708	09/17/07

• Fitzgerald v. Camdenton R-III School District (8th Cir.) -- Amicus
  • The IDEA does not compel state-sponsored evaluation if parents have waived a right to a free appropriate public education
  
   

  Document	Date
  Brief as Amicus Supporting Appellants and Urging Reversal [PDF]	10/03/05
  Court of Appeals Decision [PDF], reported at 439 F.3d 773	03/01/06

• Crowley v. TEA (5th Cir.) -- Intervenor
  • This court should delay consideration of this case pending this court's en banc decision in Pace v. Bogalusa
  • A State that voluntarily seeks entry of a consent decree in federal court waives its immunity from actions to enforce that decree the TEA waived its Eleventh Amendment immunity to claims under the IDEA by accepting IDEA funding
  
   

  Document	Date
  Dismissed	07/12/05
  Brief as Intervenor [PDF]	11/12/04

• Pardini v. Allegheny Intermediate Unit (3d Cir.) -- Amicus
  • The stay-put provision of Part B of the IDEA does not require continuation of the services provided to a child pursuant to Part C of the IDEA during the pendency of proceedings regarding the services to be provided under Part B
  
   

  Document	Date
  Brief as Amicus Curiae [PDF]	04/06/04
  Court of Appeals Decision [PDF], reported at 420 F.3d 181	08/29/05

• S.C. v. Deptford Board of Education (3d Cir.) -- Intervenor
  • Congress validly conditioned IDEA funds on a waiver of Eleventh Amendment immunity for private claims under the IDEA
  
   

  Document	Date
  Brief as Intervenor[PDF]	08/28/03
  Appeal dismissed	10/20/04

• Lillbask v. Connecticut Department of Education (2d Cir.) -- Amicus
  • Connecticut's statutory issue-preclusion rule conflicts with the Individuals with Disabilities Education Act and is therefore invalid
  
   

  Document	Date
  Brief as Amicus[PDF]	06/10/03
  Court of Appeals Decision [PDF], reported at 397 F.3d 77	02/02/05

• M.A. & United States v. State-Operated School District of the City of Newark and New Jersey Department of Education, etc. (3d Cir.) -- Intervenor/Appellee
  • Whether Congress validly conditioned the receipt of federal grants under the Individuals with Disabilities Education Act on a State’s waiver of Eleventh Amendment immunity to suits under that Act.
  
   

  Document	Date
  Brief as Intervenor-Appellee[PDF]	07/03/02
  Court of Appeals Decision [PDF], reported at 344 F.3d 335	09/16/03

• Girty v. School District of Valley Grove (3d Cir.) -- Amicus
  • State appeals panel applied incorrect legal standard in reviewing whether special education student should be in a regular class room with non-disabled students
  • Federal district court properly concluded that school district was required by IDEA to educate special education student be in a regular class room with non-disabled students
  
   

  Document	Date
  Brief as Amicus [PDF]	06/28/02
  Court of Appeals Decision, 60 F. App'x 889 (unpublished)	10/28/02

• Pace v. Bogalusa City Sch. Bd. (5th Cir.) -- Amicus
  • Failure to establish a violation of the IDEA does not necessarily preclude a plaintiff's related claims under the ADA and Section 504
  • Whether a state agency’s application for and acceptance of federal financial assistance constituted an effective waiver of its sovereign immunity to suits under Section 504 of the Rehabilitation Act of 1973.
  • Whether a state agency’s application for and acceptance of funds under the Individuals with Disabilities Education Act (IDEA) constituted an effective waiver of its sovereign immunity to suits under that statute.
  • Conditioning federal funds on a knowing and voluntary waiver of a State's Eleventh Amendment immunity is a valid exercise of Congress's Spending Clause authority
  • As applied to discrimination in education, Title II is congruent and proportional to the constitutional rights at issue and the history of discrimination
  
   

  Document	Date
  Brief as Amicus [PDF]	01/09/02
  Supplemental Brief as Intervenor [PDF]	10/25/02
  Court of Appeals decision [PDF], reported at 325 F.3d 609	03/24/03
  Petition for Rehearing En Banc for the United States as Intervenor[PDF]	05/07/03
  Petition for Rehearing En Banc Granted [PDF], reported at 339 F.3d 348	07/17/03
  Supplemental En Banc Brief as Intervenor [PDF]	08/12/03
  Second Supplemental En Banc Brief as Intervenor [PDF]	07/01/04
  En Banc Court of Appeals Decision [PDF], reported at 403 F.3d 272	03/08/05

• Porter v. Bd. of Trustees (9th Cir.) -- Amicus
  • In this case, parents were excused from exhausting adminsitrative due process procedures before filing suit in federal court
  • Parents are not required to exhaust state complaint resolution procedures before filing suit in federal court
  
   

  Document	Date
  Brief as Amicus [HTML] [PDF]	10/01/01
  Court of Appeals Decision [PDF], reported at 307 F.3d 1064	10/08/02

• Barnett v. Memphis City Schools (6th Cir.) -- Amicus
  • School violated the IDEA when it failed to address deficiencies in the individualized education program of disabled student even though he failed to make any appreciable academic progress over a period of many years
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	05/03/01
  Court of Appeals Decision, 50 F. App'x 219 (unpublished)	10/30/02

• Asbury v. Missouri Department of Elementary and Secondary Education (8th Cir.) -- Intervenor
  • Individuals with Disabilities Education Act is valid exercise of the Spending Clause
  • Section 504 of the Rehabilitation Act is valid exercise of the Spending Clause and the Fourteenth Amendment
  • No Eleventh Amendment immunity to IDEA and Section 504 actions
  
   

  Document	Date
  Brief as Intervenor [HTML] [PDF]	11/07/00
  Court of Appeals decision [PDF], unpublished	04/18/01

• Schaffer v. Vance (4th Cir.) -- Amicus
  • In IDEA administrative hearing, school district bears burden of proof that a child's individualized education program provides a free appropriate public education
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	08/07/00
  Court of Appeals decision [HTML]  [PDF], unpublished	01/10/01

• Murphy v. Arlington Central School District Board of Education (2d Cir.) -- Amicus
  • Parents do not need to exhaust their administrative remedies before seeking to enforce the IDEA's stay-put provision
  • After a State Review Officer finds that the parents' unilateral private placement was appropriate, the school district must begin paying for the placement, even while an appeal is pending
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	07/26/00
  Court of Appeals Decision [PDF], unreported, 2003 WL 21694398	07/16/02

• M.E. v. Board of Education for Buncombe County (4th Cir.) -- Amicus
  • Statute of limitations under Individuals with Disabilities Education Act does not begin to run until parents receive written notice of the school's decision
  • 60-day statute of limitations period borrowed from state law too short to be consistent with purposes of the Act
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	04/03/00
  Supplemental Brief [HTML] [PDF]	08/14/00
  Court of Appeals decision [HTML]  [PDF], reported at 241 F.3d 374	02/21/01

• Birmingham v. Omaha School District (8th Cir.) -- Amicus
  • 30-day statute of limitations period borrowed from state law too short to be consistent with purposes of Individuals with Disabilities Education Act
  • Three-year statute of limitations period is appropriate
  • School's decision to provide "early graduation" to student not sufficient to end her entitlement to IDEA services and procedural protections
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	02/04/00
  Court of Appeals decision [PDF], reported at 220 F.3d 850	08/07/00

• In re Arons (Supreme Court of Delaware) -- Amicus
  • Individuals with Disabilities Education Act permits persons with special knowledge or training to advocate at due process hearings
  • State rules regarding unauthorized practice of law are preempted to the extent they interfere with the ability of parents to retain such persons
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	12/01/99
  Court of Appeals decision, reported at 756 A.2d 867	07/06/00
  Brief Opposing Petition for Certiorari [HTML]  [PDF]	05/10/01
  Petition for Certiorari denied, reported at 532 U.S. 1065	06/04/01

• Bradley v. Arkansas Department of Education (8th Cir.) -- intervenor
  • Individuals with Disabilities Education Act is valid exercise of the Spending Clause and the Fourteenth Amendment
  • No Eleventh Amendment immunity to IDEA actions
  
   

  Document	Date
  Brief as Intervenor [HTML] [PDF]	04/16/98
  Court of Appeals decision [PDF], reported at 189 F.3d 745	08/31/99

---

Browse Briefs by Category

Affirmative Action
Americans with Disabilities Act and Section 504 of the Rehabilitation Act
Constitutionality of Federal Statutes
Criminal
Education
Employment Discrimination (Race, National Origin, Sex, and Religion)
Freedom of Access to Clinic Entrances Act
Housing
Individuals with Disabilities Education Act
Institutionalized Persons
Religion Cases
Third Party Intervention in Civil Rights Cases
Title VI of the Civil Rights Act of 1964
Voting
Other

---