· 9/13/1994
Clyde K. And Sheila K., Individually and as Guardians for Ryan K., a Minor v. Puyallup School District, No. 3, Clyde K. Sheila K. v. Puyallup School
Citations
- 35 F.3d 1396
- 94 Daily Journal DAR 13010
- 94 Cal. Daily Op. Serv. 7193
- 1994 U.S. App. LEXIS 25144
- 1994 WL 498356
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that when the court applies the four Rachel H. factors, it looks first to “the academic benefits of placement in a mainstream setting, with any supplementary aides and services that might be appropriate”
- allowing removal where a student engaged in two violent attacks on other students, assault on a staff member, and disruption of class with profanity and sexually explicit remarks
- allowing removal where a student engaged in two violent attacks on other students, assault on a staff member, and disruption of class with profanity and sexually explicit remarks
- placing the 8 burden of proof on the party challenging the administrative ruling
- “The school clearly had the burden of proving at the administrative hearing that it complied with the IDEA”
- “Allocation of the burden of proof has long been governed by the rule that the party bringing the lawsuit must persuade the court to grant the requested relief.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Kozinski, Fernandez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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