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Litigation Log - A selective listing of IDEA related cases.

Compensatory Education
   
  Third Circuit
  Carlisle Area School District v. Scott P.
No. 94-7520 and 94-7539
March 10, 1995
   
Damages
 
  Third Circuit
  W.B. v. Matula
No. 95-5033
October 17, 1995
   
  Fourth Circuit
  Sellers v. the School Board of the City of Manassas
No. 97-1762
April 13, 1998
   
Discipline/Suspension/Expulsion
   
  U.S. Supreme Court
  Honig v. Doe
484 U.S. 305, 311
January 20, 1988
(from the U.S. Court of Appeals for the Ninth Circuit)
   
  Fourth Circuit
  Commonwealth of Virginia Department of Education v. Riley
No. 95-2627
February 5, 1997
   
Early Childhood
   
  Second Circuit
  Still v. Debuono
No. 96-7753
December 5, 1996
   
  Seventh Circuit
  Marie O. v. Edgar
No. 96-3609
December 2, 1997
   
Eligibility
   
  Second Circuit
  Muller v. Committee on Special Education of the East Islip Union Free School District
No. 97-7201
May 22, 1998
   
  Fourth Circuit
  Springer v. The Fairfax County School
No. 97-1482
January 23, 1998
   
  Ninth Circuit
  Norton v. Orinda Union School District
No. 97-17029
February 25, 1999
   
Evaluation/Reevaluation
   
  Fifth Circuit
  Andress v. Cleveland Independent School District
No. 94-40669
August 28, 1995
   
FAPE/Placement
   
  First Circuit
 

Kevin G. v. Cranston School Committee
No. 97-1785
November 17, 1997

   
  Second Circuit
  Mrs. B. v. Milford Board of Education
No. 1634
January 10, 1997
   
  Third Circuit
  Drinker v. Colonial School District
No. 95-1201
March 12, 1996
   
  Fifth Circuit
  Flour Bluff Independent School District v. Katherine M.
No. 95-40720
July 30, 1996
   
  Salley v. St. Tammany Parish School Board
No. 94-30357
July 10, 1995
   
  Sixth Circuit
  Hudson v. Bloomfield Hills Public Schools
No. 94-CV-74636-DT
November 30, 1995
   
  Eighth Circuit
  Daniel O. v. Missouri State Board of Ed.
No. 99-2792
April 19, 2000
   
  Tenth Circuit
  Urban v. Jefferson County School District R-1
No. 95-1111
July 16, 1996
   
FAPE/Services
   
  Fifth Circuit
  Buser v. Corpus Christi Independent School
No. 94-60055
April 21, 1995
   
FAPE/Standard of Review
   
  U.S. Supreme Court
 

The Board of Education of the Hendrick Hudson Central School District v. Rowley
No. 80-1002
June 28, 1982
(From the U.S. Court of Appeals for the Second Circuit)

   
  Third Circuit
  Ridgewood Board of Education v. M.E.
No. 98-6276
March 30, 1999
   
  Eleventh Circuit
  Devine v. Indian River County School Board
No. 99-13058
May 2, 2001
   
Handicapped Children's Protection Act
   
  U.S. Supreme Court
  Smith v. Robinson
No. 82-2120
July 5, 1984
(From the U.S. Court of Appeals for the First Circuit)
   
IEP/IFSPs/Methodology
   
  Third Circuit
  Daniel S. v. Scranton School District
No. 00-3050
October 18, 2000
   
  Sixth Circuit
  Burilovich ex rel. Burilovich v. Board of Education of the Lincoln Consolidated Schools
No. 98-2187
April 4, 2000
   
  Dong ex rel. Dong v. Board of Education of the Rochester Community Schools
No. 98-2186
December 17, 1999
   
  Knable by Knable v. Bexley City School District
No. 99-4326
January 24, 2001
   
  Eighth Circuit
  E.S. v. Independent School District No. 196
No. 96-4214
January 30, 1998
   
  Ninth Circuit
  Adams by Adams v. the State of Oregon
No. 99-35190
November 29, 1999
   
  Tenth Circuit
  Logue v. Unified School District No. 512
No. 97-3087, 97-3112
July 16, 1998
   
  O'Toole v. Olathe District Schools Unified School District No. 233
No. 97-3125
May 19, 1998
   
LRE/Mainstreaming/Inclusion
   
  Third Circuit
  Oberti v. Board of Education of the Bourough of Clementon School District
No. 92-5462
May 28, 1993
   
  T.R. ex rel. N.R. v. Kingwood Township Board of Education
No. 99-5021
March 9, 2000
   
  Fourth Circuit
  Hartmann v. Loudoun County Board of Education
No. 96-2809
July 8, 1997
   
  Fifth Circuit
  Daniel R.R. v. State Board of Education
No. 88-1279
June 12, 1989
   
  Seventh Circuit
  Board of Education of Lagrange School District, No. 105 v. Illinois State Board of Education
No. 98-4077
July 29, 1999
   
  Ninth Circuit
  Sacramento City Unified School District v. Rachel H. by Holland
No. 92-15608
January 24, 1994
   
Medical Services/Related Service
   
  U.S. Supreme Court
  Irving Independent School District v. Tatro
468 U.S. 883
July 5, 1984
(from the U.S. Court of Appeals for the Fifth Circuit)
   
  Cedar Rapids Community School District v. Garret F.
No. 96-1793
March 3, 1999
(from the U.S. Court of Appeals for the Eighth Circuit)
   
  Sixth Circuit
  Neely v. Rutherford County School
No. 94-5755
November 2, 1995
   
Private School Placement
   
  U.S. Supreme Court
 

Florence County School District Four v. Carter
No. 91-1523
November 9, 1993
(From the U.S. Court of Appeals for the Fourth Circuit)

   
 

School Committee of the Town of Burlington v. Massachusetts Department of Education
No. 84-433
April 29, 1985
(From the U.S. Court of Appeals for the First Circuit)

   
  Third Circuit
  Michael C. by Stephen C. v. Radnor Township School District
No. 99-1124
January 14, 2000
   
Services to Private School Students
   
  U.S. Supreme Court
  Zobrest et al. v. Catalina Foothills School District
No. 92-94
June 18, 1993
(From the U.S. Court of Appeals for the Ninth Circuit)
   
  Warren G. and Grant G. v. Cumberland County School District
Nos. 98-7512 and 98-7517
August 25, 1999
(From the U.S. Court of Appeals for the Third Circuit)
  Second Circuit
  Russman by Russman v. Mills
No. 95-7756
July 24, 1998
   
  Walczak v. Florida Union Free School District
No. 97-7155
April 16, 1998
   
  Third Circuit
  Susquenita School District v. Raelee S.
No. 95-7575
September 18, 1996
   
  Sixth Circuit
  Tucker v. Calloway County Board of Education
No. 96-6478
February 18, 1998
   
  Tennessee Department of Mental Health and Mental Retardation v. Paul B.
No. 94-6040
July 12, 1996
   
  Cleveland Heights-University Heights City School District v. Boss by Boss
No. 96-4333/4376
May 6, 1998
   
  Eighth Circuit
  Fort Zumalt School District v. Clynes
No. 96-2503/2504
July 10, 1997
   
  Tenth Circuit
  Fowler v. Unified School District No. 259
No. 95-3373 and 95-3400
November 4, 1997
   

About the Litigation Log

The Individuals with Disabilities Education Act Amendments of 1997 (IDEA’97) was passed by Congress and signed into law on June 4, 1997. It is the basis for the Part B regulations, which were issued by the U.S. Department of Education, Office of Special Education and Rehabilitative Services on March 12, 1999. In addition, IDEA’97 included changes to Part C, The Early Intervention Program For Infants and Toddlers with Disabilities. These changes were reflected in final regulations published on April 14, 1998 and March 12, 1999.

Disagreements about the application of the IDEA and its implementing regulations are a focal point of the federal court system. There are more than 100 federal district courts. In addition, there are thirteen federal judicial circuits (the United States Courts of Appeal). At the top of the federal court system, is the U.S. Supreme Court whose decisions set the legal standard for the entire nation. The state court system can interpret federal law, but is more likely to address individual state laws concerning special education.

The Litigation Log contains selected cases from the U.S. Supreme Court and from the various Circuit Courts of Appeal. Decisions from state courts and federal district courts are not included on the Litigation Log since the jurisdiction of state courts is restricted to the boundaries of the state itself, and federal district court decisions are confined to the geographic region the court serves.

The primary purpose of the Litigation Log is to make available for service providers and administrators with an overview of the substantive issues that have been and are continuing to be addressed by the U.S. Supreme Court and U.S. Courts of Appeal. Cases are organized and can be searched by topic and/or circuit.

The reader should note that the Litigation Log is not an exhaustive list of cases. Furthermore, cases that are concerned with purely technical issues such judicial jurisdiction; statute of limitations, or exhaustion of administrative remedies are not included in the Litigation Log.

The Litigation Log provides the reviewer with an opportunity to examine various legal standards that apply to them as these are established by their own federal circuit court. It also allows them to compare these decisions with decisions from other circuits. A working knowledge of the various legal standards established across the country can only assist in making sound educational decisions for students with disabilities.

The case law presented here is not meant to be the final word on court decision in special education. For those individuals who need a more definitive analysis of these or other cases, it would be highly recommended that they consult with their board or agency attorney.

Which Circuit is Mine?
You can select a state from the drop down list to find out which Federal Circuit Court rulings are binding in your state.
Select a State Federal Circuit Court
This page and its related case log pages are derived from the IDEA Practices web site, a service of the OSEP-funded ASPIIRE and ILIAD IDEA Partnership Projects at the Council for Exceptional Children. Walsh-Taylor, Inc. served as content consultants for Litigation Log. The material was transferred to the discover IDEA CD 2002 by the Western Regional Resource Center.
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