Due Process Hearings

L.H. v. Hamilton County Department of Education (6th Cir.)

Special Education & Disabilities: What are the appropriate standards for determining whether an educational placement offers the least restrictive environment (“LRE”) for a student with a disability and whether a change in location constitutes a change of placement?

M.R. v. Ridley School District (3d. Cir. Pet. for rhrg en banc)

Special Education & Disabilities: Whether parents who succeed on claim for reimbursement for private school tuition under IDEA's stay put provision are a prevail party entitled to attorneys' fees

NSBA Amicus Brief - Weast v. Schaffer (4th Cir.)

IDEA: placement of burden of proof in special education due process hearings.

Butler v. Rio Rancho Public Schools Board of Education, No. 02-2199 (10th Cir. Aug. 25, 2003)

The U.S. Court of Appeals for the Tenth Circuit has ruled that a school district did not violate a student’s right to substantive due process by suspending him when he should have known that he brought a weapon onto school grounds. Stephen Butler, a student at Rio Rancho Public Schools (N.M.), was suspended after school officials discovered weapons and drug paraphernalia in his brother’s car, which he had driven to school that day. Stephen claimed not to have known of his brother’s contraband and challenged his suspension in court.

NSBA Amicus Brief - Butler v. Rio Rancho Public Schools (10th Cir.)

Student discipline: due process - zero tolerance policies, possession of drugs - scienter requirement.

American Library Association v. United States, 2002 WL 1126046 (E.D. Pa. May 31, 2002)

On May 31, 2002, a Pennsylvania federal district court ruled the Internet filtering provisions of the Children’s Internet Protection Act (CIPA) violate library users’ First Amendment free speech rights. CIPA requires libraries to block access to pornographic material. To comply libraries would have to install filtering software that restricts patrons’ access not only to pornographic materials but also to a substantial amount of protected speech. As a result, the court concluded that the filtering provisions are unconstitutional. American Library Association v.

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