Appellate Section
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
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John M. v. Board of Education (7th Cir.) -- Amicus
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The supports and services set out in John’s last agreed-upon IEP constitutes his stay-put placement
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Fitzgerald v. Camdenton R-III School District (8th Cir.) -- Amicus
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The IDEA does not compel state-sponsored evaluation if parents have waived a
right to a free appropriate public education
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Crowley v. TEA (5th Cir.) -- Intervenor
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This court should delay consideration of this case pending this court's en banc
decision in Pace v. Bogalusa
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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
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Pardini v. Allegheny Intermediate Unit (3d Cir.) -- Amicus
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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
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S.C. v. Deptford Board of Education (3d Cir.) -- Intervenor
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Congress validly conditioned IDEA funds on a waiver of Eleventh Amendment
immunity for private claims under the IDEA
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Lillbask v. Connecticut Department of Education (2d Cir.) -- Amicus
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Connecticut's statutory issue-preclusion rule conflicts with the Individuals with
Disabilities Education Act and is therefore invalid
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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
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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.
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Girty v. School District of Valley Grove
(3d Cir.) -- Amicus
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State appeals panel applied incorrect legal standard in reviewing whether special
education student should be in a regular class room with non-disabled students
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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, unreported, 60 Fed. Appx. 889, 2002 WL 31477721 |
10/28/02 |
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Pace v. Bogalusa City Sch. Bd. (5th Cir.) -- Amicus
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Failure to establish a violation of the IDEA does not necessarily preclude
a plaintiff's related claims under the ADA and Section 504
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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.
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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.
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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
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As applied to discrimination in education, Title II is congruent and proportional
to the constitutional rights at issue and the history of discrimination
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Porter v. Bd. of Trustees (9th Cir.) -- Amicus
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In this case, parents were excused from exhausting adminsitrative due process
procedures before filing suit in federal court
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Parents are not required to exhaust state complaint resolution procedures
before filing suit in federal court
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Barnett v. Memphis City Schools (6th Cir.) -- Amicus
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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, unpublished, 50 Fed. Appx. 219, 2002 WL 31473287
|
10/30/02 |
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Asbury v. Missouri Department of Elementary and Secondary Education
(8th Cir.) -- Intervenor
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Individuals with Disabilities Education Act is valid exercise of the Spending Clause
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Section 504 of the Rehabilitation Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to IDEA and Section 504 actions
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Schaffer v. Vance (4th Cir.) -- Amicus
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In IDEA administrative hearing, school district bears burden of proof that a child's
individualized education program provides a free appropriate public education
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Murphy v. Arlington Central School
District Board of Education (2d Cir.) -- Amicus
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Parents do not need to exhaust their administrative remedies before seeking
to enforce the IDEA's stay-put provision
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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
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M.E. v. Board of Education for Buncombe County (4th Cir.) -- Amicus
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Statute of limitations under Individuals with Disabilities Education Act
does not begin to run until parents receive written notice of the school's decision
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60-day statute of limitations period borrowed from state law too short
to be consistent with purposes of the Act
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Birmingham v. Omaha School District (8th Cir.) -- Amicus
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30-day statute of limitations period borrowed from state law too short
to be consistent with purposes of Individuals with Disabilities Education Act
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Three-year statute of limitations period is appropriate
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School's decision to provide "early graduation" to student not sufficient
to end her entitlement to IDEA services and procedural protections
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In re Arons (Supreme Court of Delaware) -- Amicus
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Individuals with Disabilities Education Act permits persons with special
knowledge or training to advocate at due process hearings
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State rules regarding unauthorized practice of law are preempted to the
extent they interfere with the ability of parents to retain such persons
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Bradley v. Arkansas Department of Education (8th Cir.) -- intervenor
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Individuals with Disabilities Education Act is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to IDEA actions
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Updated July 25, 2008
