Recent Decisions-SUPREME COURT DECISIONS

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Review Denied

Decisions without published opinions in lower court

DOCKET NO: 08-794

NAME: Gasparik v. Stony Brook U.

DATE: Feb. 23, 2009

CITATION: cert. denied, 129 S. Ct. 1352

CASE BELOW: 296 Fed. Appx. 151

DOCKET NO: 08-733

NAME: Saha v. Lehman

DATE: Feb. 23, 2009

CITATION: cert. denied, 129 S. Ct. 1319

CASE BELOW: Only available in electronic format

DOCKET NO: 08-841

NAME: MH. ex rel. LM. v. Monroe-Woodbury Cent. Sch. Dist.

DATE: Mar. 9, 2009

CITATION: cert. denied, 129 S. Ct. 1584

CASE BELOW: 296 Fed. Appx. 126

DOCKET NO: 08-672

NAME: Equity in Athletics, Inc. v. Dept. of Educ.

DATE: Mar. 23, 2009

CITATION: cert. denied, 129 S. Ct. 1613

CASE BELOW: 291 Fed. Appx. 517

DOCKET NO: 08-1055

NAME: Zhou v. Marquette University

DATE: Apr. 6, 2009

CITATION: cert, denied, - S. Ct. -, 77 USLW 3557

CASE BELOW: Only available in electronic format

Decisions with published opinions in lower court

DOCKET NO: 08-800

NAME: Luke P. ex rei. Jeff P. v. Thompson R2-J Sch. Dist.

DATE: Feb. 23, 2009

CITATION: cert, denied, 129 S. Ct. 1356

School district brought suit challenging Colorado Department of Education finding that school district was required to reimburse parents for cost of private school placement under Individuals with Disabilities Education Act. Child, Luke P., was diagnosed with autism at age two. Child attended kindergarten and first grade at public school in another district. For second grade child transferred to R2-J district. During both placements, child made progress toward the goals outlined in his individualized education program (IEP) at school, however; he could not successfully transfer the skills to non-school environments. In consultation with an occupational therapist and the child's prior special education teacher, the parents decided that Luke required a residential placement at a school which specialized in autistic children. However, the school district's IEP recommended continued placement at his current school. Parents enrolled child in private school. Parents petitioned Colorado Department of Education for finding that the school district should be required to pay private school expenses. Department hearing officer found that the school district was required to pay expenses. Administrative law judge, and federal district court agreed on appeal. Held: The school district was not required to pay for the private placement under the Individuals with Disabilities Education Act. The court found that while Luke had not achieved a level of self-sufficiency in public school, he had made progress toward his goals during the placement. The court determined that the school district had fulfilled its obligations by creating an IEP that allowed Luke to progress toward his goals. Luke P. ex rei. Jeff P. v. Thompson R2-J School Dist., 540 F.3d 1143 (10th Cir. 2008), cert, denied, 129 S. Ct. 1356 (2009).

DOCKET NO: 08-701

NAME: Morrison v. Bd. of Educ. of Boyd Co.

DATE: Feb. 23, 2009

CITATION: cert, denied, 129 S. Ct. 1318

Group of parents brought suit under §1983 alleging school district policy prohibiting insulting or derogatory comments based on sexual orientation violated First Amendment rights. In response to a suit by the Gay-Straight Alliance, school district entered into a consent decree which required the district to institute policies prohibiting harassment based on sexual orientation and provide anti-harassment training. Parents of religious students objected to the policies on the grounds that the policies would prohibit their children from espousing their religious views on homosexuality and thus violated their rights to practice their religion. Parents brought suit. After suit was initiated, district changed policies to allow anti-homosexual speech as long as the speech did not affect the education of students or create an atmosphere of hostility. …