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Winkelman
v. Parma City School Dist.
(May 21, 2007)
U.S. Supreme Court
Education: In a surprising reversal of a 6th Circuit
decision, the United States' Supreme Court held that parents
may bring a pro se court action regarding any procedural or
substantive claim arising under the Individuals with Disabilities
Education Act (IDEA.) The Court rejected the view of some circuit
courts that, under the statute, parents are merely "guardians"
of their children's right to an appropriate education, rather
than "real parties in interest".
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M.K.
ex rel. Mrs. K v. Sergi.
U.S. Supreme Court
Education: In a procedurally complicated case the parents
of a psychiatrically disabled teenager, and the prevailing party
in a due process hearing, sued, among other defendants, the
former Commissioner of the State Department of Education (SDOE)
for violations of IDEA.
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(Mar. 30, 2007)
U.S. Supreme Court
Education: This special education decision serves as
a warning to school districts regarding the consequences of
failing to include parents in the IEP process. In this case,
the parents sought reimbursement for private school placement
on the ground that the school district denied their daughter
an appropriate education and denied the parents the right to
participate meaningfully in the IEP process.
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(September 30, 2006)
U.S. District Court
Civil Rights, Education: In an interesting federal special
education decision, the United States District Court, District
of Connecticut, awarded plaintiff over $93,000 in attorney's
fees for a successful administrative hearing decision garnered
through a Due Process procedure.
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(November 14, 2005)
U.S. Supreme Court
Special Education: In a decision that may have far reaching
implications for disabled students eligible for special education
services, the United States Supreme Court ruled that the burden
of proof in an administrative "due process" hearing challenging
the student's education plan is placed on the party seeking
relief, whether that party is the disabled child or the local
school district.
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