green
Positive treatment
Circuit Split
Quoted verbatim 2×
6.9 score
G Cite
cited 2× by 1 distinct case, last quoted 1999 ·
…for issues to be preserved for judicial review they must first be presented to the administrative hearing officer.
⚠ not in text
cited 2× by 1 distinct case, last quoted 1992 ·
…or issues to be preserved for review they must first be presented to the administrative hearing officer.
⚠ not in text
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited "but see"
Kerr Center Parents Ass'n v. Charles
(2×)
But see David D. v. Dartmouth School Committee, 775 F.2d 411, 420-22 (1st Cir.1985), (holding that under standard of Scanlon , suit against State under EAHCA was not barred by Eleventh Amendment), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
discussed
Cited "but see"
Kerr Center Parents Assoc. Jasen Richardson, by and Through His Parent Candace Richardson Matthew Hasek, by and Through His Legal Guardian Barbara Hasek Joseph Barrett, by and Through His Parent Robert Barrett v. Donald Charles and Lake Oswego School District, Defendant-Cross-Claimants v. Karen Roach Verne Duncan the Children's Services Division, and the Oregon Department of Education, Defendants-Cross-Claim-Defendants-Appellants. Nancy G. Klinger, Third-Party v. Centennial 28j, Third-Party and Karen Roach Verne Duncan Children's Services Division and Oregon Department of Education, Third-Party Kerr Center Parents Assoc. Jasen Richardson, by and Through His Parent Candace Richardson Matthew Hasek, by and Through His Legal Guardian Barbara Hasek Joseph Barrett, by and Through His Parent Robert Barrett v. Donald Charles Karen Roach Vern Duncan the Lake Oswego School District the Children's Services Division and the Oregon Department of Education
(2×)
But see David D. v. Dartmouth School Committee, 775 F.2d 411, 420-22 (1st Cir.1985), (holding that under standard of Scanlon, suit against State under EAHCA was not barred by Eleventh Amendment), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
examined
Cited as authority (quoted)
Doe v. Arlington County School Board
(2×)
for issues to be preserved for judicial review they must first be presented to the administrative hearing officer.
examined
Cited as authority (quoted)
Richards v. Fairfax County School Board
(2×)
or issues to be preserved for review they must first be presented to the administrative hearing officer.
discussed
Cited "see"
Carl D. v. SPECIAL SCHOOL DIST. OF ST. LOUIS
(2×)
See, David D. v. Dartmouth School Committee, 775 F.2d 411, 420 (1st Cir.1985) (Massachusetts law imposes higher substantive standards for the education of disabled students than that required by federal law), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986); Doe, 9 F.3d at 458 (Tennessee act does not impose higher standard than federal law); Geis v. Board of Educ. of Parsippany-Troy Hills, 774 F.2d 575, 583 (3d Cir.1985) (New Jersey statute imposes higher standard on state's school system than does federal act).
discussed
Cited "see"
Bruschini v. BD. OF EDUC. OF ARLINGTON CENT.
(2×)
See Hampton School Dist. v. Dobrowolski, 976 F.2d 48 (1st Cir.1992), David D. v. Dartmouth School Committee, 775 F.2d 411 (1st Cir.1985), certiorari denied 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
discussed
Cited "see"
Bruschini v. Board of Education
(2×)
See Hampton School Dist. v. Dobrowolski, 976 F.2d 48 (1st Cir.1992), David D. v. Dartmouth School Committee, 775 F.2d 411 (1st Cir.1985), certiorari denied 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
discussed
Cited "see"
Oberti ex rel. Oberti v. Board of Education
(2×)
See David D. v. Dartmouth School Comm., 775 F.2d 411 , 415 (1st Cir.1985), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986); Fed.
discussed
Cited "see"
Oberti v. Board Of Education
(2×)
See David D. v. Dartmouth School Comm., 775 F.2d 411 , 415 (1st Cir.1985), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986); Fed.R.Civ.P. 52(a).
discussed
Cited "see"
Emily Thomas, Cross-Appellant v. Cincinnati Board of Education, Cross-Appellee
(2×)
See David D. v. Dartmouth School Committee, 775 F.2d 411, 419-20 (1st Cir.1985), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986); Geis v. Board of Educ. of Parsippany-Troy Hills, 774 F.2d 575 (3d Cir.1985). 3 . 20 U.S.C. § 1401 (1). 4 . 20 U.S.C. § 1412 (1). 5 .
discussed
Cited "see"
S-1 & S-2 Ex Rel. P-1 & P-2 v. Spangler
(2×)
See David D. v. Dartmouth School Committee, 775 F.2d 411, 422 (1st Cir.1985), ce rt. denied, — U.S. -, 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
discussed
Cited "see, e.g."
Glen III Ex Rel. Glen II v. Charlotte-Mecklenburg School Board of Education
(2×)
IDEA assists children with disabilities through the creation of IEPs, “individualized education programs,” which are “tailored to the unique needs of the handicapped child.” Board of Education v. Rowley, 458 U.S. 176, 181 , 102 S.Ct. 3034, 3038 , 73 L.Ed.2d 690 (1982); See also David D. v. Dartmouth School Committee, 775 F.2d 411 (1st Cir.1985), cert. denied 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
discussed
Cited "see, e.g."
Chuhran v. Walled Lake Consolidated Schools
(2×)
IDEA assists children with disabilities through the creation of IEPs, “individualized education programs,” which are “tailored to the unique needs of the handicapped child.” Board of Education v. Rowley, 458 U.S. 176, 181 , 102 S.Ct. 3034, 3038 , 73 L.Ed.2d 690 (1982); See also David D. v. Dartmouth School Committee, 775 F.2d 411 (1st Cir. 1985), cert. denied 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
discussed
Cited "see, e.g."
Sherri v. Kirby
(2×)
See also David D. v. Dartmouth School Committee, 775 F.2d 411, 417-19 (1st Cir.1985), cert. denied, Massachusetts Dep't of Education v. David D., 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986) (finding that the "federal right to a free appropriate public education incorporates substantive rights authorized by state special education law which become part of the federal core right"); Rowley, 458 U.S. at 202-03 , 102 S.Ct. at 3049 (noting that the "mainstreaming preference" of the EAHCA means that the Act "requires participating States to educate handicapped children with nonhandicapped …
discussed
Cited "see, e.g."
Sherri A.D. v. Kirby
(2×)
See also David D. v. Dartmouth School Committee, 775 F.2d 411, 417-19 (1st Cir.1985), cert. denied, Massachusetts Dep’t of Education v. David D., 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986) (finding that the "federal right to a free appropriate public education incorporates substantive rights authorized by state special education law which become part of the federal core right"); Rowley, 458 U.S. at 202-03 , 102 S.Ct. at 3049 (noting that the “mainstreaming preference” of the EAHCA means that the Act "requires participating States to educate handicapped children with nonhandic…
discussed
Cited "see, e.g."
Lanchile Airlines v. Connecticut General Life Insurance Co. of North America
(2×)
See, e.g., Borg-Warner Leasing, Div. of Borg-Warner Acceptance Corp. v. Doyle Electric Co., 733 F.2d 833 (11th Cir.1984), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
discussed
Cited "see, e.g."
Frutiger v. Hamilton Central School District
(2×)
See also David D. v. Dartmouth School Committee, 775 F.2d 411, 424 (1st Cir.1985), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986).
discussed
Cited "see, e.g."
Frutiger v. Hamilton Central School District
(2×)
See also David D. v. Dartmouth School Committee, 775 F.2d 411, 424 (1st Cir.1985), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986). 19 It is possible to argue--although plaintiffs do not--that the order here is appealable because in fact it amounted to dismissal of the fifth cause of action in the complaint, which apparently sought relief with respect to the 1990-91 school year.
discussed
Cited "see, e.g."
GREENE BY GREENE v. Harrisville School Dist.
(2×)
See, e.g., David D. v. Dartmouth School Committee, 775 F.2d 411, 424 (1st Cir. 1985) cert. denied 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986); Colin K. by John K. v. Schmidt, 715 F.2d 1, 5-6 (1st Cir.1983); Christopher W. v. Portsmouth School Committee, 877 F.2d 1089, 1094 (1st Cir.1989). 3 .
discussed
Cited "see, e.g."
Natrona County School District No. 1 v. McKnight
(2×)
See also David D. v. Dartmouth School Committee, 775 F.2d 411 (1st Cir. 1985), cert. denied 475 U.S. 1140 , 106 S.Ct. 1790 , 90 L.Ed.2d 336 (1986) and Roncker on Behalf of Roncker v. Walter, 700 F.2d 1058 (6th Cir.), cert. denied 464 U.S. 864 , 104 S.Ct. 196 , 78 L.Ed.2d 171 (1983). 8 *1049 The appellate consideration standard (as in the future to be first applied in this state by the district court) is that review is conducted de novo with issues presented encompassing mixed questions of fact and law, Wexler v. Westfield Bd. of Educ., 784 F.2d 176 (3rd Cir.), cert. denied 479 U.S. 825 , 107 S…
Retrieving the full opinion text from the archive…
Tilkens, Personal Representative of the Estate of Jones
v.
Parks
v.
Parks
No. 85-1482.
Supreme Court of the United States.
Apr 28, 1986.
Published
Citer courts: E.D. Virginia (4)
Ct. App. Okla. Certiorari denied.