Fw: THE SPECIAL ED ADVOCATE, APRIL 24, 2001 (V. 4, N. 11)

[Guest guest]

Highlights: New decision about prevailing party and attorney's fees;

Supreme Court does not grant cert, the decision in Joe ' case stands;

join us for a 2-day intensive training program.

Subscribers on April 23, 2001: 23,766.

Please forward this newsletter or the subscription link to your friends so

they can learn about special education advocacy. Thank you!

http://www.wrightslaw.com/subscribe.htm

Help get the word out. Download and distribute the slaw flyer:

http://www.wrightslaw.com/flyers/wrightslaw.pdf

Get a printer-friendly version of this newsletter at-

http://www.wrightslaw.com/advoc/nwltr/2001/nl_0424.htm

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1. NEW DECISION: PREVAILING PARTY & ATTORNEY'S FEES

On February 7, 2000, Virginia Hearing Officer ruled in

Pete's favor and held that the Virginia Department of Education must pay

the private school tuition of a student with dyslexia.

The Hearing Officer's decision is at:

http://www.wrightslaw.com/law/caselaw/VASEA_white.pdf

In this case, the parents prevailed in a special education Review Hearing.

The school district appealed the case to state court. While the case was

on appeal, in violation of the federal regulations, the district refused

to pay the child's tuition. The state refused to require the school

district to pay.

The parents requested a due process hearing against the state for their

failure to enforce the law. The state argued that the federal regulation

was invalid. The hearing officer did not accept this argument and ordered

the state to pay. Following this decision, the state paid the child's

tuition and continues to pay.

But the state refused to pay attorney's fees for this litigation. They

claimed that the parents did not prevail in this litigation and that the

state was immune under the Eleventh Amendment.

On April 12, 2001, the U. S. District Court dismissed the state's

arguments and ordered the state to pay Pete's attorney's fees. You can get

this District Court decision from:

http://www.wrightslaw.com/law/caselaw/VASEA_white_USDistCt.pdf

=================================

2. 6TH CIRCUIT DECISION IN JOE JAMES' CASE STANDS

On September 28, 2000, Pete received a favorable ruling from the U. S.

Court of Appeals for the Sixth Circuit in another tuition reimbursement

case. The Opinion from the Sixth Circuit is at:

http://www.wrightslaw.com/law/caselaw/6th_james_upperarlington_00_0928.htm

AND

http://www.wrightslaw.com/law/caselaw/6th_james_upperarlington_00_0928.pdf

The Sixth Circuit dismissed arguments raised by Upper Arlington School

District that they were not required to offer an IEP unless the child was

re-enrolled in the program that had damaged him previously. When Upper

Arlington asked the Sixth Circuit to reconsider their ruling, the Court

refused.

Upper Arlington appealed to the U. S. Supreme Court. Would Joe ' case

go up?

Pete filed a brief with the U. S. Supreme Court last month. You can

download the cover page, table of contents, and brief from these URLs:

http://www.wrightslaw.com/law/pleadings/james_ua_ussupct_cover.pdf

http://www.wrightslaw.com/law/pleadings/james_ua_ussupct_toc.pdf

http://www.wrightslaw.com/law/pleadings/james_ua_ussupct_brief.pdf

On April 23, 2001, the U. S. Supreme Court issued an Order and denied

Upper Arlington's Petition for Certiorari. The ruling of the Court of

Appeals for the Sixth Circuit was upheld.

Read the Columbus Dispatch article about this case at:

http://www.dispatch.com/news/news01/apr01/672125.html

========================

3. INTENSIVE SPECIAL EDUCATION LAW & ADVOCACY TRAINING PROGRAM

On May 4 and May 5, 2001, Pete and Pam will present a twelve-hour program

about special education law and advocacy in Columbia, SC. The registration

for parents is just $50.00 for both days. Registrants will receive the

deluxe edition of slaw: Special Education Law with CD-ROM (Retail

value: $39.95).

This two-day program is the most comprehensive legal and advocacy training

program we have offered to date.

DAY 1 focuses on special education law. We will use WRIGHTSLAW: SPECIAL

EDUCATION LAW for legal training. DAY 2 focuses on parent advocacy. The

training will track our new book about special education advocacy

(Publication date: Summer 2001)

Registrations have come from parents and professionals from the

Southeastern states, and from New York, Pennsylvania, and Ohio. Pete and

Pam and many registrants will stay at the Hampton Inn

Columbia-Downtown, Columbia, SC 29201 (Phone: ).

Download and print the brochure for this conference:

http://www.wrightslaw.com/flyers/sc_brochure.pdf

Download the conference agenda:

http://www.wrightslaw.com/news/2001/conf_sc.pdf

The conference is sponsored by PRO-Parents of South Carolina and the South

Carolina Autism Society. For more information and to register, please call

PRO-Parents at or .

We hope to see you in Columbia!

============================

4. SUBSCRIPTION INFORMATION

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===============

CONTACT INFORMATION

Pete and Pam

slaw & The Special Ed Advocate

P. O. Box 1008

Deltaville, VA 23043

Website: http://www.wrightslaw.com

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