Recent Decisions- SUPREME COURT DECISIONS

Article excerpt

Review Denied

Decisions without published opinions in the lower court:

DOCKET NO.: 05-1529

NAME: Thurman v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

DATE: Oct. 2nd, 2006

CITATION: cert, denied, 75 U.S.L.W. 3158 (2006)

DOCKET NO.: 05-1539

NAME: Eklund v. Byron Union School District

DATE: Oct. 2nd, 2006

CITATION: cert, denied, 75 U.S.L.W. 3158 (2006)

DOCKET NO.: 06-63

NAME: Roemer v. Board of Education of City of New York

DATE: Oct. 2nd, 2006

CITATION: cert, denied, 75 U.S.L.W. 3158 (2006)

Decisions with published opinions in the lower court:

DOCKET NO.: 06-7

NAME: Clementon Board of Education v. RN.

DATE: Oct. 2nd, 2006

CITATION: 71 U.S.L.W. 3158 (2006)

Parents of a disabled student brought suit under the Individuals with Disability Education Act (IDEA) seeking compensation for reasonable attorneys 'fees after they prevailed in an action against the board of education. The dispute arose when the child, who has ADHD, had been suspended twice from his school for disruptive behavior. The parents filed a petition for a due process hearing and eventually settled with the board. The administrative law judge entered two consent orders which required the board of education to provide certain specific services to the disabled student. The parents filed suit in district court seeking attorneys' fees based on the consent orders which they claimed put them in the place of a prevailing party. The district court denied this motion and ruled in favor of the board of education. Held: Court of Appeals found that the parents were the prevailing party and entitled to attorneys 'fees. The court found that since the parents succeeded on a significant issue (having their child returned to school with appropriate accommodations made for his behavioral issues, as well as an Independent Child Study Team Evaluation) they were entitled to be considered as the prevailing party in the dispute with the board for purposes of the IDEA. …