· 6/20/1989
Christopher W. v. Portsmouth School Committee, Etc.
Citations
- 877 F.2d 1089
- 1989 WL 63799
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that exhaustion may not be required for review of such policies if they present \ a pure matter of law \ (quoting Ezratty v. Comm. of P.R. , 648 F.2d 770 , 774 (1st Cir. 1981) )
- finding that the exhaustion of the administrative process would cause the litigant “severe or irreparable harm,” such as the existence of “an emergency situation [] (e.g., the failure to take immediate action will adversely affect a child’s mental or physical health).”
- concerning exhaustion requirement under the IDEA's predecessor statute, the Education for All Handicapped Children's Act
- where school district did not refuse to hold a due process hearing and did not maliciously or deliberately interfere with [IDEA’s] procedural safeguard, plaintiffs failed to satisfy the futility exception
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Bownes, Fuste
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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