Recent Decisions-SUPREME COURT DECISIONS

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Education Law Cases Carried Over from Supreme Court's 2007-2008 docket.

Cert. Granted

DOCKET NO: 07-1125

NAME: Fitzgerald v. Barnstable School Committee

DECISION BELOW: 504 F.3d 165

REVIEW GRANTED: 128 S.Ct. 2903 (June 9, 2008)

Cert. Filed

DOCKET NO: 07-1341

NAME: Policastro v. Kontogiannis

DECISION BELOW: unpublished

CERT. FILED: Apr. 22, 2008

DOCKET NO: 07-1368

NAME: Parkey v. Hurley

DECISION BELOW: 514 F.3d 87

CERT. FILED: Apr. 29, 2008

DOCKET NO: 07-1559

NAME: M.M. v. Special Schools District No. 1, Minneapolis

DECISION BELOW: 512 F.3d 455

CERT. FILED: May 28, 2008

DOCKET NO: 07-1567

NAME: Lowery v. Euverard

DECISION BELOW: 497 F.3d 584

CERT. FILED: June 13, 2008

Education Law Decisions May 2008- June 2008

Review Denied

Decisions without published opinions in lower court

DOCKET NO: 07-1175

NAME: Burke v. Brookline School District

DATE: June 16, 2008

CITATION: 128 S.Ct. 2934

DOCKET NO: 07-1089

NAME: Smith v. Barrow

DATE: May 19, 2008

CITATION: 128 S.Ct. 2475

DOCKET NO: 07-1148

NAME: Richards v. Duke University

DATE: May 12, 2008

CITATION: 128 S.Ct. 2438

Decisions with published opinion in lower court

DOCKET NO: 07-1178

NAME: Hjortness v. Neenah Joint School District

DATE: June 23, 2008

CITATION: 128 S.Ct. 2962

Learning disabled student and parents brought due process claim against school board for denying free appropriate education under Individuals with Disabilities Education Act (IDEA). Student with various behavioral disorders was withdrawn from public school and placed in private school on assertion by parents that public school was not adequately addressing student's behavioral disorders. Public school district reevaluated student's Individual Education Plan (IEP). Parents keep student in private school and sued for reimbursement. Administrative law judge (ALJ) found school district met substantive provision of IEP requirements, but made procedural violations. ALJ awarded cost of private school to parents. Both sides appealed. District court granted summary judgment in favor of school district. Parents appealed. Held: IEP was both substantively and procedurally valid. Given circumstances, IEP was as detailed as possible. IEP took into consideration various diagnosis and outlined reasonable steps to provide "floor of opportunity." Parents' lack of input into IEP stemmed not from denial of opportunity to participate, but failure of parents to do so. Court also found school district did not need to consider private placement once determination was made tiiat public placement was appropriate. Hjortness v. Neenah Joint Sch. Dist., 507 F.3d 1060, cert, denied 128 S.Ct. 2962.

DOCKET NO: 07-1406

NAME: Wagstaff v. Dep't of Education

DATE: June 16, 2008

CITATION: 128 S.Ct. 2944

Delinquent student loan borrower brought suit against U.S. Dept. of Education challenging garnishment of wages under Fair Debt Collection Practices Act. …