David Nack Ex Rel. Alice Nack v. Orange City School District

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that substantive harm occurs when a procedural violation “infringe[s] upon [a] [pjarent’s opportunity to participate in the IEP process”
• procedural violation denies a R.B. v. NAPA VALLEY USD 8499 FAPE “only if such violation causes substantive harm to the child or his parents” (internal quotation marks and citation omitted)
• “[T]he short-term objectives in the IEP are capable of measurement . . . . In the end, the minor procedural violations of the sixth-grade IEP cannot be said to have caused David any substantive harm.”
• “Predetermination is not synonymous with preparation.”
• “[P]redetermination is not synonymous with preparation.”

Source: CourtListener parenthetical corpus (CC0).