· 6/15/2007
Andrew M. v. Delaware County Office of Mental Health & Mental Retardation
Citations
- 490 F.3d 337
- 2007 WL 1723604
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a plaintiff may use the same conduct as the basis for both an IDEA claim and a Rehabilitation Act claim
- holding that “when a state fails to provide a disabled child with a free and appropriate education, it violates the IDEA” and “it also violates the RA because it is denying a disabled child a guaranteed education merely because of the child’s disability”
- “Section 1415 provides the review process for claims under Part B of the IDEA, which deals with a free and appropriate education . . . .”
- “{E]ven in cases brought under the IDEA . . . a plaintiff must still prove that there was a violation of [Section 504 of] the RA.”
- “[W]hen a state fails to provide a disabled child with a free and appropriate education it violates the IDEA. However, it also violates the [Rehabilitation Act] because it is denying a disabled child a guaranteed education merely because of the child's disability.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fisher, Jordan, Roth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.