· 9/16/1997
Heather S., by Her Natural Parent and Next Friend, Kathy S. v. State of Wisconsin, John T. Benson, Juanita Pawlisch
Citations
- 125 F.3d 1045
- 1997 U.S. App. LEXIS 24927
- 1997 WL 572409
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the parents’ role in the procedural delays is a factor in finding that there was no loss of education opportunity
- finding that IHO’s excessive delay in issuing a decision did not violate the IDEA where it did not result in the denial of free appropriate public education
- noting that the question is whether procedural flaws deprived the student of a FAPE
- holding the same and noting 10 that “the ‘due weight’ which the court must give to the hearings 11 below is . . . to the decision of the hearing officers . . . 12 [which] is an easier task where . . . the hearing officers are in 13 accord”
- using “the motion for summary judgment” as “the procedural vehicle for asking the judge to decide the case on the basis of the administrative record” is permissible where district court uses correct standard of review for the administrative decision in question
- “The school district is required by the statute and regulations to provide an appropriate education, not the best possible education, or the placement the parents prefer.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Ripple, Manion
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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