green
Positive treatment
Quoted verbatim 2×
5.7 score
“for issues to be preserved for judicial review they must first be presented to the administrative hearing officer.”
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978
2002
2026
Top citers, strongest first. 26 distinct citers.
How cited ↗
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
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 Ass'n v. Charles
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 as authority (quoted)
Doe v. Arlington County School Board
for issues to be preserved for judicial review they must first be presented to the administrative hearing officer.
discussed
Cited as authority (quoted)
Richards v. Fairfax County School Board
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
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.
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
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).
cited
Cited "see"
Oberti ex rel. Oberti v. Board of Education
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.
cited
Cited "see"
Oberti v. Board Of Education
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
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"
Janice Frazier, Cross-Appellant v. John T. King, Etc., Charles Davoli, Linda Mills and Donald Guillory, Cross-Appellees. Janice Frazier, Paul Henry Kidd v. John T. King, Etc., Charles Davoli, Linda Mills, and Donald Guillory
See Matherne v. Wilson, 851 F.2d 752, 761 (5th Cir.1988) (holding that the greater the public concern, the greater the disruption must be to give rise to qualified immunity, relying on Gonzalez v. Benavides, 774 F.2d 1295 (5th Cir.1985), cert. denied 475 U.S. 1140 , 106 S.Ct. 1789 , 90 L.Ed.2d 335 (1986)).
discussed
Cited "see"
Frazier v. King
See Matherne v. Wilson, 851 F.2d 752, 761 (5th Cir.1988) (holding that the greater the public concern, the greater the disruption must be to give rise to qualified immunity, relying on Gonzalez v. Benavides, 774 F.2d 1295 (5th Cir.1985), cert. denied 475 U.S. 1140 , 106 S.Ct. 1789 , 90 L.Ed.2d 335 (1986)).
discussed
Cited "see"
Government of the Virgin Islands v. Ivar Fredericks
See majority opinion p. 931 62 N.T. 388 63 Cf. Cool v. United States, 409 U.S. 100 , 93 S.Ct. 354 , 34 L.Ed.2d 335 (negative pregnant instruction was misleading) 64 N.T. 370 65 422 F.2d 95, 99 (1970 3d Cir.), Quoting Bollenbach v. United States, 326 U.S. 607, 613 , 66 S.Ct. 402 , 90 L.Ed.2d 350 (1946) * It is taken from the first sentence of Section 102(11) of the Pennsylvania Mental Health Act of June 12, 1951, P.L. 533, 50 Purdon's Pennsylvania Statutes Annotated Section 1072(11), with minor variations Section 102(11) reads in toto as follows: " 'Mental illness' shall mean an illness which s…
discussed
Cited "see, e.g."
Glen III Ex Rel. Glen II v. Charlotte-Mecklenburg School Board of Education
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).
cited
Cited "see, e.g."
Ramirez v. Oklahoma Department of Mental Health
See also, Gonzales v. Benavides, 774 F.2d 1295, 1302 (5th Cir.1985) (same), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1789 , 90 L.Ed.2d 335 (1986).
cited
Cited "see, e.g."
Ramirez v. Oklahoma Department of Mental Health
See also, Gonzales v. Benavides, 774 F.2d 1295, 1302 (5th Cir.1985) (same), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1789 , 90 L.Ed.2d 335 (1986).
discussed
Cited "see, e.g."
Chuhran v. Walled Lake Consolidated Schools
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
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
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…
cited
Cited "see, e.g."
Lanchile Airlines v. Connecticut General Life Insurance Co. of North America
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).
cited
Cited "see, e.g."
Frutiger v. Hamilton Central School District
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
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.
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
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…
cited
Cited "see, e.g."
Albert C. Staheli v. The University of Mississippi
See e.g., Gonzalez v. Benavides, 774 F.2d 1295, 1300 (5th Cir.1985), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1789 , 90 L.Ed.2d 335 (1986). 5 . 411 F.2d 365 (5th Cir.1969) (en banc). 6 .
discussed
Cited "see, e.g."
Schweitzer v. UNIV. OF TEXAS HEALTH CTR. AT TYLER
Accordingly, the proper inquiry to make at this point is whether DeKoker’s interest “as a citizen, in commenting upon matters of public concern is outweighed by the interest of the [government] as an employer, in promoting the efficiency of the public services it performs through its employees.” Pickering v. Board of Education, 391 U.S. 563, 568 , 88 S.Ct. 1731, 1734 , 20 L.Ed.2d 811 (1968); see also Gonzalez v. Benavides, 114 F.2d 1295 , 1297, 1299 (5th Cir.1985), cert. denied, 475 U.S. 1140 , 106 S.Ct. 1789 , 90 L.Ed.2d 335 (1986) (Gonzalez II); see generally Mount Healthy, supra, 429 …
Retrieving the full opinion text from the archive…
In re May
No. 85-6364.
Supreme Court of the United States.
Apr 28, 1986.
Published
Citer courts: E.D. Virginia (2)
Petition for writ of mandamus and/or prohibition denied.