· 3/6/2008
Draper v. Atlanta Independent School System
Citations
- 518 F.3d 1275
- 2008 U.S. App. LEXIS 4813
- 2008 WL 603280
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “compensatory education” is “appropriate relief where responsible authorities have failed to provide a handicapped student with an appropriate education” under the IDEA
- holding that parents’ claim was timely where “[t]he persistent refusal of the School System to acknowledge the substantial evidence of its misdiagnosis borders on incredible”
- holding the “knew or should have known date” occurred after new evaluation and declining to hold that “families] should be blamed for not being experts about learning disabilities”
- finding that a claim for denial of FAPE accrued as soon as the mother became aware that there was a problem with her child’s education and the local education agency was not assessing her child
- rejecting a school district’s argument that a child’s long- undiscovered injury was time barred and upholding an award of approximately five years of compensatory education
- affirming award placing student at a private school for roughly five years as “compensatory, not punitive.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Pryor, Moore
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.