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· 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 CourtListener

Sourced 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.