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· 1/14/2009

M.S. Ex Rel. Simchick v. Fairfax County School Board

Citations

  • 553 F.3d 315
  • 2009 U.S. App. LEXIS 565
  • 2009 WL 81654

How courts have described this case

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

  • holding that the broad discretion afforded under the IDEA allowed a 38 district court to consider reimbursement for three years of a child’s allegedly inappropriate placement
  • stating that “progress, or lack thereof” is “important, [but] not dispositive” as to whether an IEP was reasonably calculated to confer an educational benefit
  • discussing compensatory education as a possible remedy for failure to provide a FAPE
  • “[T]he district court’s consideration of [the private placement’s] restrictive nature was proper because it considered the restrictive nature only as a factor in determining whether the placement was appropriate under the IDEA, not as a dispositive requirement.”
  • “[P]rogress, or the lack thereof, while important, is not dispositive.”
  • explaining the conditions under which reimbursement is available

Source: CourtListener parenthetical corpus (CC0).

Judges: Williams, Wilkinson, Voorhees, Western

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.