Victoria L. v. District School Board (1984)
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Clifford Burr, by His Parents and Next Friends, Kenneth Burr, Betty Burr v. Gordon Ambach, as Commissioner of… (1988)
But see Victoria L. v. District School Board, 741 F.2d 369 (11th Cir.1984).
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Holmes Ex Rel. Holmes v. Sobol (1988)
But cf Victoria L. v. District School Board, 741 F.2d 369, 374 (11th Cir.1984); Brandon E. v. Wisconsin Dept. of Public Instruction, 595 F.Supp. 740, 746 (E.D.Wis.1984).
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Honig v. Doe (1988)
Petitioner Bill Honig, California Superintendent of Public Instruction, 4 sought review in this Court, claiming that the Court of Appeals’ construction of the stay-put provision conflicted with that of several other Courts of Appeals which had recognized a dangerousness exception, compare Doe v. Maher, supra (case below), with Jackson v. Franklin County School Board, 765 F. 2d 535, 538 (CA5 1985); Victoria L. v. District School Bd. of Lee County, Fla., 741 F. 2d 369, 374 (CA…
Carol A. v. District School Bd., 741 F.2d 369, 373 (11th Cir.1984) (dictum), this holding appears to have been overruled in part by Celotex.
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Ojai Unified School District v. Jackson (1993)
Bd. of Lee County, 741 F.2d 369, 372 (11th Cir.1984) (rejecting the argument that the IDEA precludes the use of summary judgment and noting that “[njothing in the language or legislative histoiy of the [IDEA] suggests that Congress intended to dispense with the wholesome utility of summary judgment") (quotation omitted).
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Muth v. Central Bucks School District (1988)
Similarly, in Victoria L. by Carol A. v. District School Bd., 741 F.2d 369, 374 (11th Cir.1984), the argument that the Florida Commissioner of Education could not review the decision of the initial local hearing officer was held to be frivolous. 14 We respectfully disagree with these decisions. 63 In the EHA, Congress has indicated its desire to provide parents with decisionmakers who are not subject to the kind of pressures that employees of an educational agency would nece…
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Muth v. Central Bucks School District (1988)
Similarly, in Victoria L. by Carol A. v. District School Bd., 741 F.2d 369, 374 (11th Cir.1984), the argument that the Florida Commissioner of Education could not review the decision of the initial local hearing officer was held to be frivolous. 14 We respectfully disagree with these decisions.
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School Board of Pinellas County v. J.M. Ex Rel. L.M. (1997)
Jackson v. Franklin County School Board, 765 F.2d 535 (5th Cir.1985); Victoria L. by Carol A. v. District School Board of Lee County, Florida, 741 F.2d 369, 374 (11th Cir.1984).
See e.g., Victoria L. by Carol A. v. District School Board, 741 F.2d 369, 372 (11th Cir.1984) (“Nothing in the language or legislative history of the [IDEA] suggests that Congress intended to dispense with the “wholesome utility’ of summary judgment.”).
“Nothing in the language or legislative history of the [IDEA] suggests that Congress intended to dispense with the “wholesome utility’ of summary judgment.”
By Carol A. v. District School Bd., 741 F.2d 369, 372 (11th Cir.1984); Bertolucci v. San Carlos Elementary School Dist., 721 F.Supp. 1150, 1153 (N.D.Cal.1989); Barwacz v. Michigan Dep’t of Educ., 674 F.Supp. 1296, 1301 (W.D.Mich.1987); see Westmoreland School Dist., 930 F.2d at 946 .
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Louis M. Ex Rel. Velma M. v. Ambach (1989)
Victoria L. by Carol A. v. District School Board, 741 F.2d 369, 374 (11th Cir.1984), Brandon E. v. Wisconsin Dep’t. of Public Instruction, 595 F.Supp. 740, 746 (E.D.Wis.1984).
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Hollenbeck v. Board of Educ. of Rochelle Tp. (1988)
C.1986); Victoria L. v. District School Board, 741 F.2d 369, 372 (11th Cir.1984).
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Barwacz v. Michigan Department of Education (1987)
By Carol A. v. District School Board of Lee County, Florida, 741 F.2d 369, 372 (11th Cir.1984).
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Vander Malle v. Ambach (1987)
By Carol A. v. District School Board of Lee County, Florida, 741 F.2d 369, 372 (11th Cir.1984).
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Lipsett v. University of Puerto Rico (1986)
See Singer v. Wadman, 745 F.2d 606, 608-9 (10th Cir.1984) cert. denied, — U.S. —, 105 S.Ct. 1396 , 84 L.Ed.2d 785 (1985) (summary judgment available in civil rights conspiracy case); Victoria L. by Carol A. v. District School Bd., 741 F.2d 369, 373 (11th Cir.1984) (Rule 56 applied to Education of the Handicapped Act case); Miller v. Solem, 728 F.2d 1020, 1025-26 (8th Cir.1984) cert. denied, — U.S. —, 105 S.Ct. 145 , 83 L.Ed.2d 84 (1985) (in prisoner civil rights case court r…
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Muth v. Smith (1986)
Similarly, the court in Victoria L. by Carol A. v. District School Bd., 741 F.2d 369, 374 (11th Cir.1984), dismissed the argument that the Florida Commissioner of Edu *285 cation could not conduct a review of the hearing findings as frivolous.
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Bonadonna v. Cooperman (1985)
See also Manecke v. School Board of Pinellas County, Florida, 762 F.2d 912, 919-20 (11th Cir.1985) (attorney’s fees available under § 1988 where “the local educational agency deprives a handicapped child of due process by effectively denying that child access to the heart of the [EAHCA] administrative machinery, the impartial due process hearing”), citing Rose v. Nebraska, 748 F.2d 1258 , 1263 (8th Cir.1984); Teresa Diane P. v. Alief Independent School District, 744 F.2d 484…
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Offshore Aviation v. Transcon Lines, Inc. (1987)
See Victoria L. by Carol A. v. District School Bd., 741 F.2d 369, 373 (11th Cir.1984); Pan-Islamic Trade Corp. v. Exxon, 632 F.2d 539, 559 (5th Cir.1980); 1 Broadway v. City of Montgomery, 530 F.2d 657, 661 (5th Cir.1976), Roucher v. Traders & General Ins.
See Victoria L. v. District School Board of Lee County, Fla., 741 F.2d 369, 372 (11th Cir.1984) (conclusory assertion that defendants violated due process by not complying with EHA procedural provisions failed to survive summary judgment motion).
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Doe v. Maher (1986)
Sec. 1415 (e)(2), "schools have discretion to alter a handicapped student's placement when he endangers himself or others and threatens to disrupt a safe school environment." Jackson, 765 F.2d at 538 ; accord Victoria L. by Carol A. v. District School Board, 741 F.2d 369, 374 (11th Cir.1984).
Compare Grymes v. Madden, 672 F.2d 321, 323 (3d Cir.1982) (per curiam), and Helms v. McDaniel, 657 F.2d 800 , 806 n. 9 (5th Cir.1981), cert. denied, 455 U.S. 946 , 102 S.Ct. 1443 , 71 L.Ed.2d 658 (1982), with Victoria L. v. District School Board of Lee County, 741 F.2d 369, 374 (11th Cir.1984).