green
Positive treatment
Quoted verbatim 2×
5.7 score
G Cite
cited 2× by 2 distinct cases, last quoted 1984 ·
…given the advantages of placement in as normal an environment as possible, to deny a handicapped child access to a regular public school classroom without a compelling educational justification constitutes discrimination and a denial of statutory benefits
⚠ not in text
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Department Of Education, State Of Hawaii v. Katherine D.
given the advantages of placement in as normal an environment as possible, to deny a handicapped child access to a regular public school classroom without a compelling educational justification constitutes discrimination and a denial of statutory benefits
examined
Cited as authority (quoted)
Department of Education v. Katherine D.
given the advantages of placement in as normal an environment as possible, to deny a handicapped child access to a regular public school classroom without a compelling educational justification constitutes discrimination and a denial of statutory benefits
discussed
Cited "see"
Ringsred v. City of Duluth
See, Commonwealth of Pennsylvania v. Porter, 659 F.2d 306, 314 (3rd Cir.1981) ("The fourteenth amendment is a limitation upon the states in the interests of individuals, and section 1983 was enacted to facilitate vindication of such individual interests” and, therefore, "[t]he question is not whether either the fourteenth amendment or section 1983 protects the commonwealth neither does * * *.”), cert. denied, 458 U.S. 1121 , 102 S.Ct. 3509 , 73 L.Ed.2d 1383 (1982); Barbara Z. v. Obradovich, 937 F.Supp. 710, 723 (N.D.Ill.1996); 2' Buda v. Saxbe, 406 F.Supp. 399, 402 (E.D.Tenn. 1975)("The st…
cited
Cited "see"
Barbara Z. Ex Rel. Devin Z. v. Obradovich
See Com. of Pa. v. Porter, 659 F.2d 306 , 314 and 327 n. 3 (3d Cir.1981), cert. denied, 458 U.S. 1121 , 102 S.Ct. 3509 , 73 L.Ed.2d 1383 (1982).
discussed
Cited "see"
Sherri A.D. v. Kirby
Nat'l Pension Fund Benefit Plan A v. Cooper Industries, Inc., 789 F.2d 21 , 24 n. 3 (D.C.Cir.1986), cert. denied, 479 U.S. 971 , 107 S.Ct. 473 , 93 L.Ed.2d 417 (1986); Center for Nat’l Security Studies v. CIA, 711 F.2d 409, 412-13 (D.C.Cir.1983) (collecting cases); see abo Tokarcik v. Forest Hills School Dist., 665 F.2d 443 , 447 (3d Cir.1981), cert. denied, Scanlon v. Tokarcik, 458 U.S. 1121 , 102 S.Ct. 3508 , 73 L.Ed.2d 1383 (1982), it does not appear to be the rule in this circuit.
cited
Cited "see"
Gertel v. School Committee of the Brookline School District
See Tokarcik v. Forest Hills School Dist., 665 F.2d 443 , 459, 465 (3d Cir.1981) (Rosenn, J., dissenting), cert. denied, 458 U.S. 1121 , 102 S.Ct. 3508 , 73 L.Ed.2d 1383 (1982).
discussed
Cited "see"
Housing Authority of the Kaw Tribe of Indians of Oklahoma v. City of Ponca City, a Municipal Corporation
(2×)
also: Cited "see, e.g."
See Commonwealth of Pennsylvania v. Porter, 659 F.2d 306, 314 (3rd Cir.1981) (en banc), cert. denied, 458 U.S. 1121 , 102 S.Ct. 3509 , 73 L.Ed.2d 1383 (1982).
discussed
Cited "see"
KIRCHGESSNER BY AND THROUGH KIRCHGESSNER v. Davis
(2×)
also: Cited "see, e.g."
See Tokarcik v. Forest Hills School District, 665 F.2d 443 (3rd Cir.1981), cert. denied 458 U.S. 1121 , 102 S.Ct. 3508 , 73 L.Ed.2d 1383 (1982).
discussed
Cited "see"
Construction Laborers Pension Trust v. Cen-Vi-Ro Concrete Pipe & Products Company, Inc.
See Tokarcik v. Forest Hills School Dist., 665 F.2d 443 , 447 (3d Cir.1981) ("Notwithstanding the Carson qualification that interlocutory or *1422 ders pose 'serious perhaps irreparable conse- . quences,’ the appealability of a routine interlocutory injunctive order remains unquestioned."), cert. denied, 458 U.S. 1121 , 102 S.Ct. 3508 , 73 L.Ed.2d 1383 (1982). 10 .
cited
Cited "see, e.g."
Oregon Ex Rel. Department of Transportation v. Heavy Vehicle Electronic License Plate, Inc.
See, e.g., Commonwealth of Pennsylvania v. Porter, 659 F.2d 306, 314 (3rd Cir.1981), cert. denied, 458 U.S. 1121 , 102 S.Ct. 3509 , 73 L.Ed.2d 1383 (1982).
discussed
Cited "see, e.g."
Sherri v. Kirby
Nat'l Pension Fund Benefit Plan A v. Cooper Industries, Inc., 789 F.2d 21 , 24 n. 3 (D.C.Cir.1986), cert. denied, 479 U.S. 971 , 107 S.Ct. 473 , 93 L.Ed.2d 417 (1986); Center for Nat'l Security Studies v. CIA, 711 F.2d 409, 412-13 (D.C.Cir.1983) (collecting cases); see also Tokarcik v. Forest Hills School Dist., 665 F.2d 443 , 447 (3d Cir.1981), cert. denied, Scanlon v. Tokarcik, 458 U.S. 1121 , 102 S.Ct. 3508 , 73 L.Ed.2d 1383 (1982), it does not appear to be the rule in this circuit.
discussed
Cited "see, e.g."
Dondero v. United States
See also Pennsylvania v. Nat’l Ass’n of Flood Insurers, 520 F.2d 11, 24, overruled on other grounds, 659 F.2d 306 (3d Cir.1981), cert. denied, 458 U.S. 1121 , 102 S.Ct. 3509 , 73 L.Ed.2d 1383 (1982) (if jurisdiction is not established by compliance with requirements, subject matter jurisdiction cannot be established at all).
discussed
Cited "see, e.g."
Joseph Spiegler v. District of Columbia
Compare Adler v. Education Department, 760 F.2d 454 , 457-59 (2d Cir.1985) (four months) and Department of Education v. Carl D., 695 F.2d 1154, 1157 (9th Cir.1983) (30 days) with Schimmel v. Spillane, 819 F.2d 477 , 482-83 (4th Cir.1987) (one year) and Janzen v. Knox County Board of Education, 790 F.2d 484, 487 (6th Cir.1986) (three years) and Scokin v. Texas, 723 F.2d 432, 437 (5th Cir.1984) (two years) and Tokarcik v. Forest Hills School District, 665 F.2d 443, 450 (3d Cir.1981) (two or six years), cert. denied, 458 U.S. 1121 , 102 S.Ct. 3508 , 73 L.Ed.2d 1383 (1982).
discussed
Cited "see, e.g."
A.W., a Minor by and Through His Father and Next Friend, N.W. N.W. And S.W. v. Northwest R-1 School District John Gibson, in His Capacity as Acting Superintendent of the Northwest R-1 School District the Department of Elementary and Secondary Education State Board of Education and Arthur Mallory in His Capacity as Commissioner of the Department of Elementary and Secondary Education
Schools, 673 F.2d 141, 145 (6th Cir.1982) (need for free, appropriate education must be reconciled with state's need to allocate scarce funds among as many handicapped children as possible); Doe v. Anrig, 692 F.2d 800, 806-07 (1st Cir.1982) (reality of limited public monies must be considered in reviewing placement decisions), ovr'ld on other grounds, Doe v. Brookline School Comm., 722 F.2d 910, 917 (1st Cir.1983); see also Tokarcik v. Forest Hills School Dist., 665 F.2d 443 , 458 (3d Cir.1981) (noting that mainstreaming in the instant case did not adversely affect state finances), cert. denie…
discussed
Cited "see, e.g."
A.W. ex rel. N.W. v. Northwest R-1 School District
Schools, 673 F.2d 141, 145 (6th Cir.1982) (need for free, appropriate education must be reconciled with state’s need to allocate scarce funds among as many handicapped children as possible); Doe v. Anrig, 692 F.2d 800, 806-07 (1st Cir.1982) (reality of limited public monies must be considered in reviewing placement decisions), ovr’ld on other grounds, Doe v. Brookline School Comm., 722 F.2d 910, 917 (1st Cir.1983); see also Tokarcik v. Forest Hills School Dist., 665 F.2d 443 , 458 (3d Cir.1981) (noting that mainstreaming in the instant case did not adversely affect state finances), cert. d…
discussed
Cited "see, e.g."
Detsel by Detsel v. Board of Educ. of Auburn
The CIC was characterized as a service which was “no less related to the effort to educate than services that enable[d] the child to reach, enter, or exit the school.” Id.; see also Tokarcik v. Forest Hills School School District, 665 F.2d 443 (3d Cir.1981) cert. denied sub nom Scanlon v. Tokarcik, 458 U.S. 1121 , 102 S.Ct. 3508 , 73 L.Ed.2d 1383 (1982) (finding CIC a related service); State of Hawaii Department of Education v. Katherine D., 727 F.2d 809 (9th Cir.1983), cert. denied, — U.S. -, 105 S.Ct. 2360 , 86 L.Ed.2d 260 (1985) (finding repositioning of suction tube in child’s thro…
discussed
Cited "see, e.g."
Timothy Tilton, by His Guardian and Next Friend, Mona Richards v. Jefferson County Board of Education
See also, Tokarcik v. Forest Hills School District, 665 F.2d 443 (3rd Cir.1981), cert. denied, - U.S.-, 102 S.Ct. 3508 , 73 L.Ed.2d 1383 (1982) (catheterization is a “related service”); Tatro v. State of Texas, 625 F.2d 557 (5th Cir.1980) (same).
cited
Cited "see, e.g."
Howard Bass and Mitchell Bass v. Federal Savings & Loan Insurance Corporation
Compare Gulf Federal Savings & Loan Ass’n v. Federal Home Loan Bank Board, 651 F.2d 259, 265 (5th Cir.1981), ce rt. denied, - U.S. -, 102 S.Ct. 3509 , 73 L.Ed.2d 1383 (1982).
Retrieving the full opinion text from the archive…
Bramkamp
v.
Puerto Rico ex rel. Barez, Secretary of Labor and Human Resources
v.
Puerto Rico ex rel. Barez, Secretary of Labor and Human Resources
No. 81-361.
Supreme Court of the United States.
Jul 2, 1982.
C. A. 2d Cir. Certiorari denied.
Justice Brennan took no part in the consideration or decision of this petition.