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· 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 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.