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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 
    Court of Appeals Decision, 744 F.3d 826 03/11/14
    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 
    Court of Appeals Decision, 2014 WL 3409071 07/15/14
    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 
    Court of Appeals Decision, 725 F.3d 1088 08/06/13
    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 
    State Court Decision, 304 P.3d 1038 08/12/13
    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
  • 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
  • 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


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