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	OPINION/ORDER The VISD argues that the temporary placement was appropriate until the VISD had the opportunity to assess and evaluate more fully G's needs and abilities. Holding that the VISD's proposed temporary IEP met the substantive requirements of the IDEA because it was the closest approximation to G's last educational placement. That any deficiencies in VISD's procedural compliance with the IDEA were
	OPINION/ORDER The vocational education portion of this desegregation litigation is before us for the tenth2 time. When the case was recently before us. We reviewed the district court's The complete captions for the above entitled cases are on file with the Clerk's Office. We advised the court that were it to adhere to its decision to establish a single. The court was to set forth the basis for that remedy and to determine how the remedy would be administered. Who was responsible for handling this complex school desegregation case for nearly seven years. It is sufficient to repeat here that the State of Missouri in the mid 1960s established two vocational education systems for the St. The district court also found that the State had the power to merge the dual system and that the State's failure to do so was
	OPINION/ORDER OPINION PER CURIAM: This case was argued before the en banc Court on February 27. (2) holding that the establishment of a magnet schools program was an ultra vires. King and Gregory in the affirmative) attorneys' fees for work done on the unitary status issue are denied. Nominal damages and attorneys' fees in that regard are denied. The injunction is vacated. The imposition of sanctions is affirmed. The judgment of the district court is therefore affirmed on the finding of unitary status and the imposition of sanctions. The judgment of the district court vacating and dissolving all prior injunctive orders and decrees is affirmed. The Board is to operate the school system without the strictures of these decrees no later than the 2002 2003 school year. Circuit Judge: This case is hopefully the final chapter in the saga of federal court control over the Charlotte Mecklenburg Schools (
	OPINION/ORDER Anthony's enrollment in private school was not appropriate and because the IDEA. FACTUAL BACKGROUND Frank and Diane G. are the adoptive parents of Anthony. Who was born to a crackaddicted mother on May 21. Anthony was evaluated by School District personnel. Anthony was observed engaging in a significant amount of offtask behavior. An independent neuropsychological evaluation was conducted during the spring and early summer of 2001 by Dr. The CSE also observed that Anthony was dually enrolled at Bishop Dunn for the 2001 2002 school year. The School District's initial position before the IHO was that Anthony's placement at the Smith School was appropriate and that the unilateral placement at Upton Lake was not appropriate. After one of its own witnesses testified that the class size and program it offered to Anthony was not appropriate. The School District conceded that the placement offered to Anthony at the Smith School was not appropriate. This left the School District with the defense that the Upton Lake placement was equally inappropriate and that it was not required to bear the expense of educating him there.
	OPINION/ORDER The Rondout Valley Central School District Board of Education is not entitled to dismissal on the ground of Eleventh Amendment immunity. We consider whether defendant Rondout Valley Central School District Board of Education is an arm of the State of New York entitled to claim Eleventh Amendment immunity. We conclude that it is not. I. Factual Background The background facts that follow are taken from the complaint. Plaintiff Harold Woods was first employed as a per diem substitute teacher at Rondout Valley Central High School in September 1999. Because he was
	OPINION/ORDER This critical structural defect in the constitution of the IEP team precludes us from considering whether the IEP developed without the inclusion of at least one regular education teacher was reasonably calculated to enable M.L. to receive a free and appropriate public education (
	OPINION/ORDER Buckwalter) At issue is an acute care hospital's reimbursement from Medicare for graduate medical training. 2004 ) Mercy Catholic Medical Center is an acute care hospital located in Philadelphia. We will reverse and remand. Is the largest public program financing health care services for the aged and disabled. Hospitals that provide services to Medicare patients are reimbursed for their expenses under Title XVII of the Social Security Act (the
	OPINION/ORDER Through the exercise in
	OPINION/ORDER We have consolidated for oral argument and opinion these appeals challenging several recent orders of the United States District Court for the Eastern District of Missouri that modify the vocational education program for the St. It is argued that the district court abused its discretion in issuing the above orders without holding a hearing and making the necessary findings of facts and conclusions of law based on a developed record. We agree that it is necessary for the district court to develop the factual record and legal conclusions in a manner that is 33 reviewable by this court. The district court is to enter a comprehensive order on these matters consistent with the decisions of the United States 34 Supreme Court and this court. The ultimate aim of which will be to ensure that the young men and women of all races whether they live in the city or the county will at long last have an equal opportunity to secure a quality. Integrated vocational education that will train them to be productive members of the St.
	OPINION/ORDER Is amended as follows: Insert footnote 9 to Section II slip op. at 15673. How harmless error review is to be conducted is therefore squarely presented. I believe I should address the issue so that future panels confronted with it will have an expression of each of our views on this question. I cannot agree with Judge Clifton's analysis because he relies on the ALJ's and the district court's findings that the placement made by the procedurally defective IEP team was. Harmless because it was the best placement for M.L. This approach rewards procedural non compliance and is at odds with the Supreme Court's holding that the IDEA seeks to achieve its substantive ends largely through procedural means: [T]he importance Congress attached to [the Act's] procedural safeguards cannot be gainsaid. . . . He appears to have jumped to the substantive second step to resolve the procedural first step. It is my view that loss of an educational opportunity cannot be determined by considering the merits of the placement identified in the IEP.
	OPINION/ORDER They assert that these tax provisions so seriously underfund public education in Alabama that they have a segregative effect on Alabama's colleges and universities. I. This case was filed in 1981. Curriculum policies at The United States Department of Education informed Governor Fob James and the various university presidents that there were vestiges of a prior de jure segregated system of higher education in Alabama. Was permitted to intervene. 2 1 historically white institutions. Plaintiffs must demonstrate that they are traceable to the State's prior de jure system of segregation in higher education. The burden shifts to the State to prove that these policies do not have a continuing segregative effect. We reviewed the If the State is unable to show that the challenged policy has no continuing segregative effects. The State may nevertheless escape liability if
	OPINION/ORDER Tracy Schramm is now eighteen years old and will be a senior this fall at Yankton High School. She was born with cerebral palsy and has been As a result classified as orthopedically impaired since the third grade. of her impairment. Her hand strength is weak. Her right hand is stiff and lacks dexterity. Her hand eye coordination is limited. These services and specialized instruction have enabled Tracy to participate in the regular classes at school. Bitter and other school personnel to discuss the Physical education was not provided beyond the ninth grade. Wrote a letter on their behalf to the school district. that Tracy was ineligible for special education under IDEA. which the district had failed to consider properly. The letter explained the Schramms' disagreement with the district's decision It stated that Tracy would have many transition needs requiring specialized instruction. A due process hearing was held before a state appointed hearing examiner on August 22. The examiner determined that Tracy remained eligible for IDEA benefits because the specially designed instruction and related services not included in the May 1993 IEP were in fact necessary as a result of her orthopedic impairment.
	OPINION/ORDER The complaint alleges that defendants have failed to comply with procedural and substantive requirements of the Individuals with Disabilities Education Act. ANAHEIM UNION HIGH SCHOOL DISTRICT We have jurisdiction pursuant to 28 U.S.C. � 1291 and we affirm. I Joseph was born in 1990 with a genetic defect known as cri du chat. His I.Q. is below 70. His family's primary language is Korean. A satisfactory individualized education plan was adopted and implemented for him. An audiology assessment was scheduled during this review. The district informed Joseph's mother that it was her obligation to remove the cerumen or have it removed by a medical professional before the assessment could be completed. The cerumen was not removed and the assessment was never completed. Conducted a vision assessment and found that Joseph's vision was not hindering his education. ANAHEIM UNION HIGH SCHOOL DISTRICT 4227 believe that Joseph is afflicted with double vision and optic nerve damage which the assessment failed to identify.
	OPINION/ORDER Defendant Appellee is the Board of Education of Hamilton County. Hamilton County Board of Education Page 2 appropriate public education
	OPINION/ORDER We have previously characterized the IDEA as part of
	OPINION/ORDER Because the district court did not abuse its discretion and the CED's supplemental submissions were untimely. Which was the city vocational education program. Which was to remain in effect until July 17. The SSD argues that (1) the CED's documentation is incomplete and does not support the district court's order because the CED improperly expended the funds after we granted our stay on July 8. (3) the district court acted prematurely because it was to address the validity of the CED in January 1998 and. The CED was performing its court ordered obligations. 9 Even though we issued a stay in this case. The vocational education system cannot shut down every time an appeal is filed. We accepted that figure but divided it between the city and county portions such that the CED was to run the Academy and the SSD was to operate the three county schools. If the CED was ordered to run. We conclude that the district court did not abuse its discretion and the CED is entitled to reimbursement for all reasonable costs incurred.
	OPINION/ORDER The petition for rehearing is granted and the suggestion for rehearing en banc is rejected. Are hereby VACATED and REPLACED by the per curiam opinion and concurrence filed on September 28. IT IS SO ORDERED. The complaint alleges that defendants have failed to comply with procedural and substantive requirements of the Individuals with Disabilities Education Act. We have jurisdiction pursuant to 28 U.S.C. � 1291. I Joseph was born in 1990 with a genetic defect known as cri du chat. His I.Q. is below 70. His family's primary language is Korean. A satisfactory individualized education plan was adopted and implemented for him. An audiology assessment was scheduled during this review. The District informed Joseph's mother that it was her obligation to remove the cerumen or have it removed by a medical professional before the assessment could be completed. The cerumen was not removed and the assessment was never completed. Conducted a vision assessment and found that Joseph's vision was not hindering his education.
	OPINION/ORDER A school district is required to provide a disabled child with a
	OPINION/ORDER It is entitled to a final judgment declaring that it has satisfied its interdistrict pupil desegregation obligations. A district shall also be entitled to a final judgment if within five years it has enrolled 90% of the additional black students required to satisfy its plan ratio calculated pursuant to Section II.A.3 so long as the total number of additional black students attending schools in districts with plan ratios (all districts listed in Section II.A.2.b.) equals or exceeds the number of such black students who would have attended such schools had all such districts met such plan ratio. Which was approved by the United States District Court for the Eastern District of Missouri and this court in two en banc opinions. Was ordered to pay the full cost of city to suburb black student transfers. This matter is before the Court on Rockwood School District's motion. The requirements entitling Rockwood to final judgment were met: Rockwood's enrollment of voluntary transfer students (VTS) was within 10% of its plan ratio.
	OPINION/ORDER Louis School District.1 have plan. been before this court. As elements of the plan have been implemented. Louis School District unitary. response was filed by the State. This motion was resisted by the No plaintiffs. The district court held that the State's request was premature but permitted the State to answer certain discovery requests stating that the possibility existed that a declaration of unitary status might be appropriate in the future. It informed the court that it would be prepared to present its Most In October evidence in support of the motion within nine to twelve months. parties again responded that the motion was still premature. motion. 1994. The district court granted the State's request The hearing was later and scheduled a hearing for September of that year. parties to the case. The motion was
	OPINION/ORDER I. Background The facts of this case describe a parental nightmare�Katherine's parents watched as the scholastic needs of their child were processed through the grinding machinery of state and local education bureaucracies. Removed Katherine from public DESE is a department of the State of Missouri. Massachusetts (Perkins).4 The District agreed with the Lewises that a residential placement was needed. The school claimed it did not have an appropriate program of services for Katherine. Even though it previously had�and advertised that it continued to have�a program for deaf/blind students. Told the District that the rejection letter from MSB was
	OPINION/ORDER The Hoods offer two grounds under which Anna should be categorized as a child with a disability per 20 U.S.C. � 1401(3) and is therefore entitled to special education. Which the Hoods commenced during Anna's fifth grade 2001 2002 school year following the school district's determination that Anna was ineligible for special education. We find that the district court's acceptance of the hearing officer's determination that Anna was not legally entitled to receive publically funded special education was not in clear error. Anna Hood was 10 years old and. Was performing at grade level appropriate/ average or above average levels in the public school classroom.1 While Anna's second. Anna's scores on the Stanford Achievement Test (SAT 9) have placed her above the fiftieth percentile with near uniformity. Anna's scores were average or better. One (writing sample) was in the
	OPINION/ORDER The Hoods offer two grounds under which Anna should be categorized as a child with a disability per 20 U.S.C. � 1401(3) and is therefore entitled to special education. Which the Hoods commenced during Anna's fifth grade 2001 2002 school year following the school district's determination that Anna was ineligible for special education. We find that the district court's acceptance of the hearing officer's determination that Anna was not legally entitled to receive publically funded special education was not in clear error. Anna Hood was 10 years old and. Was performing at grade level appropriate/ average or above average levels in the public school classroom.1 While Anna's second. Anna's scores on the Stanford Achievement Test (SAT 9) have placed her above the fiftieth percentile with near uniformity. Anna's scores were average or better. One (writing sample) was in the
	OPINION/ORDER P.L.L.C. were on brief for appellant.
	ASKEW V. CITY OF ROME This document was created from RTF source by rtftohtml version 2.7.5 > Askew v. Senior District Judge.<p> <p> PER CURIAM:<p> <p> The judgment of the district court is affirmed for the reasons set forth in the thorough Order (opinion) entered on June 25. Plaintiffs contend that the Defendant City of Rome's methods of electing its City Commission and Board of Education are intentionally discriminatory against Rome's African American community and have the effect of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="932"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov97/96-8884.opa.html">ASKEW V. CITY OF ROME<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Askew v. Senior District Judge.<p> <p> PER CURIAM:<p> <p> The judgment of the district court is affirmed for the reasons set forth in the thorough Order (opinion) entered on June 25. Plaintiffs contend that the Defendant City of Rome's methods of electing its City Commission and Board of Education are intentionally discriminatory against Rome's African American community and have the effect of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="926"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199801/97-7087a.txt">OPINION/ORDER</A><BR> Jessamy were on the briefs. I. The District of Columbia Board of Education was created by Congress in 1906. Its nine members were appointed by the judges of the Supreme Court of the District of Columbia (something of a forerunner to the present federal courts). The Board of Education is required to appoint a Superintendent who </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="926"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2056.wpd">OPINION/ORDER</A><BR> Sought a declaration from the district court that NMMI is bound by the IDEA. It guarantees that such an education is given by instructing states to create an Individualized Education Plan ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="924"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0642n-06.pdf">OPINION/ORDER</A><BR> Which is part of a The Honorable Denise Page Hood. Who are school and government officials. B.C. was six years old. It is conceded that he has developmental disabilities that entitle him to special education services. ERPS was accepting applications for enrollment by non resident applicants residing in a district located in a contiguous intermediate district under the State School Aid Act of 1979. The number of qualified non resident applicants eligible for acceptance under the statute appears not to have exceeded the positions available for non resident pupils at ERPS. Every local district in the State is a constituent of one of these 57 ISDs. Defendant Appellee Eaton Rapids Public Schools (ERPS) is a constituent local district 2 of the Eaton ISD. Defendant Appellee Lansing School District (LSD) is a constituent local district of the Ingham ISD. A plan for special education which shall provide for the delivery of special education programs and services </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="924"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E3A34778E18BBB028825731A004E54A2/$file/0516404.pdf?openelement">OPINION/ORDER</A><BR> Was on the brief for amicus curiae California School Boards Association Education Legal Alliance. Upheld the decision by the California special education hearing officer ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="924"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1828.01A">OPINION/ORDER</A><BR> Sayward and Loughman were on brief for appellant. Chamberlain and Chamberlain and Connor were on brief for appellees. Kevin was determined a disabled individual entitled to special educational services under the IDEA.2 Several years 1The IDEA formerly was known as the Education of the Handicapped Act. Which is within the Timberlane Regional School District. They soon expressed concerns to his teacher and to Timberlane's special education administration that Kevin was regressing academically. An IEP is a statement of the educational program which must be written for each child and designed to meet each child's unique needs. 20 U.S.C 1401(a) (19). The IEP is developed by a team including a qualified representative of the local educational agency. An IEP is appropriate under [the IDEA] if it provides instruction and support services which are reasonably calculated to confer educational benefits to the student. [The IDEA] further requires states to establish and maintain certain procedures </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="919"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B7D861F27574AD5D88256D95005CE40A/$file/0235547.pdf?openelement">OPINION/ORDER</A><BR> We affirm because we conclude that Appellants have failed to demonstrate that M.L. was denied a free appropriate public education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="919"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1995/95a1123a.txt">OPINION/ORDER</A><BR> The underlying administrative proceeding against the Carlisle Area School District was commenced by Scott P. We must address the parents' contention that the administrative and judicial proceedings were procedurally defective because of an alleged violation of IDEA's efficiency oriented finality requirements stemming from the district court's two remands to the appeals panel for clarification. We conclude that the appeals panel's review is plenary except that it is required to defer to the hearing officer's credibility determinations unless non testimonial. They are not required to prove the inappropriateness of any competing plans advocated by parents. The district court did not err in concluding that residential placement was not proper. We conclude that the award of compensatory education was improper here because there was no record evidence of any violation during the year purporting to serve as the basis for the award. Which other courts have required as a precondition to a compensatory education award. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="917"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct2000/991576.txt">OPINION/ORDER</A><BR> The Defendants are the Pennsylvania Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="917"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971936.U.pdf">OPINION/ORDER</A><BR> No. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="913"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTAwNDdfb3BuLnBkZg==/03-0047_opn.pdf">OPINION/ORDER</A><BR> This litigation was brought as a class action by inmates in New York City jails challenging the defendants' asserted failure to provide them with educational services to which they are entitled under New York State and federal law. The instant lawsuit arises out of a complex of allegations that the New York City Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="913"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTAwNDcgdyBFcnJhdGEucGRm/03-0047%20w%20Errata.pdf">OPINION/ORDER</A><BR> This litigation was brought as a class action by inmates in New York City jails challenging the defendants' asserted failure to provide them with educational services to which they are entitled under New York State and federal law. The instant lawsuit arises out of a complex of allegations that the New York City Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="913"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/10/99-5130.htm">99-5130 -- FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT NO. I-011 -- 10/04/2000<BR></A><BR> </strong>Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="913"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTAwNDdfb3BuLnBkZg==/03-0047_opn.pdf">OPINION/ORDER</A><BR> This litigation was brought as a class action by inmates in New York City jails challenging the defendants' asserted failure to provide them with educational services to which they are entitled under New York State and federal law. The instant lawsuit arises out of a complex of allegations that the New York City Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="900"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1998/98a2010p.txt">OPINION/ORDER</A><BR> S 1400 et seq. (1994 & Supp. 1997) (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="898"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/09/973608P.pdf">OPINION/ORDER</A><BR> Aaron Westendorp is a severely disabled child who requires a full time paraprofessional to function in a school classroom. I. Aaron is a twelve year old boy who lives in Edina. The cost of a paraprofessional is approximately $10. Is the same whether Aaron attends a public school or a private school. Aaron was able to attend the school from 1991 until 1994. The Westendorps were forced to transfer Aaron to a public school in Edina. Or any other location off the nonpublic school premises which is neither physically nor educationally identified with the functions of the nonpublic school </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="898"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031046.P.pdf">OPINION/ORDER</A><BR> The district court concluded that such reimbursement was necessary because AACPS denied AB a free appropriate public education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="898"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200414982.pdf">OPINION/ORDER</A><BR> C.M.'s Disability C.M. was born on November 24. C.M.'s parents determined that AVT was the best methodology for their child. C.M. was nine months old at the time. It was clear that C.M. was not getting enough sound from the hearing aids she was wearing. Even though they were the most powerful on the market. C.M.'s parents decided that C.M. should receive a cochlear implant.2 The following are the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="893"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1414.01A">OPINION/ORDER</A><BR> Dreyer and Louis Aucoin were on brief for appellants. Hebert was on brief for appellees. That the Individuals with Disabilities Education Act (IDEA)1 empowers courts to grant a remedy in the form of compensatory education to disabled students who are beyond the statutory age of entitlement for special education services. I. Factual Background2 1The IDEA was formerly known as the Education of the Handicapped Act (EHA). We join them in doing so. 2These facts are drawn from the three volume Administrative Record filed by the parties in the district court on September 9. The pleadings filed in this case. 2 Plaintiff Karl Pihl is a twenty seven year old man who is emotionally disturbed and retarded. The local school system was obligated by state and federal law to provide these services to him. Was terminated due to aggressive behavior. He was placed at the Lighthouse School. Dissatisfied with the educational services Karl was receiving at the Lighthouse School. When Karl was nineteen. His mother requested a due process hearing before the Board of Special Education Appeals (BSEA) to review her claim that Karl was not receiving the educational services to which he was entitled by law. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="887"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/974164P.pdf">OPINION/ORDER</A><BR> The appeal is moot and we dismiss. To update the quality education goals for the 1996 97 and 1997 98 school years and note which goals were applicable to the CED. The district court's order was at best premature. We are not convinced that the SSD's challenge to the validity of the twelve quality education goals is properly before us. No order approving any goals updated by the VEOO is before us. That order has been appealed but we have not yet heard oral argument. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="882"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1668.01A">OPINION/ORDER</A><BR> Callighan</SPAN> were on brief. Nelson</SPAN> were on brief. Paget</SPAN> was on brief. Loughman</SPAN> were on brief. One specific purpose of the amendments was to control government expenditures for students voluntarily placed in private schools by their parents. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="880"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/02a0170p-06.pdf">OPINION/ORDER</A><BR> Bollinger Page 3 appeal the district court's determination that the Law School's consideration of race and ethnicity in its admissions decisions violates the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.1 The Law School contends that its interest in achieving a diverse student body is compelling under Regents of the University of California v. That its admissions policy is narrowly tailored to serve that interest. The Law School is joined by the Intervenors: forty one individuals and three student groups. The policy states that the Law School's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="876"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/01/012889P.pdf">OPINION/ORDER</A><BR> I. Robert Clark was a twelve year old special education student in the Neosho RV School District during the 1997 98 school year. Robert is prone to inappropriate behavior. He also is diagnosed as having a learning disability. Robert's age was equal to children in the sixth grade. He was placed in the fifth grade resource room for special education. His instructional level was that of fourth grade. The IEPs also stated that a behavior plan was attached to them. The attachments were merely short term goals and objectives that did not provide specific interventions and strategies to manage Robert's behavior problems. The IEP team never adopted this document and had agreed that a new behavior management plan was necessary to meet Robert's needs during the 1997 98 school year. The Clarks were seeking. These were insufficient to qualify as a cohesive behavior management plan. The panel also found that the School District's late in the year attempt to formulate the required behavior management plan was insufficient to meet Robert's needs. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="871"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Jun2004/Jun08/03-20446.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. Requires that policies and procedures be in place to assure that each disabled student is provided a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="871"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1996/96a1359p.txt">OPINION/ORDER</A><BR> After the Delaware schools' rudimentary attempts at desegregation were deemed insufficient by the district court in 1957. It was not until almost 20 years later (and 35 years after this court announced dissatisfaction with an original plan that called for grade by grade desegregation over a 12 year period) that the district court could announce that the marching orders had been obeyed: The school system has achieved unitary status by complying in good faith with our detailed desegregation decrees and by eliminating to the extent practicable the vestiges of de jure segregation. This was the ruling of the district court embodied in a judgment entered after a lengthy hearing. We will affirm. It is beyond dispute that racism and bigotry continue to tear at the fragile social fabric of our national and local communities. That our best efforts as citizens are needed to address this problem at many levels. Court supervised school desegregation alone cannot eliminate racial discrimination: [A]s the years have passed since Brown I and II [Brown v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="871"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-20446.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. Requires that policies and procedures be in place to assure that each disabled student is provided a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="871"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032897p.pdf">OPINION/ORDER</A><BR> Senior District Judge Judge Chertoff heard oral argument in this case but resigned before the time the opinion was filed. The opinion is filed by a quorum of the panel. 28 U.S.C. � 46(d). They are appealing the District Court's ruling that she was not entitled to continue to receive certain educational/developmental services pursuant to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="871"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011845.P.pdf">OPINION/ORDER</A><BR> Section 6 the status line is corrected to begin </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="867"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/09/972009P.pdf">OPINION/ORDER</A><BR> The district court has under consideration a motion by the State to have the St. The difficulty of developing a plan that will ensure that students of all races will have a continuing equal opportunity for a quality. Background The early history of this litigation is chronicled in our earlier opinions and will only be summarized here.1 See Liddell v. Louis (City Board) alleging that the city schools were segregated by race as a matter of state law and practice. 449 U.S. 826 (1980). 6 Missouri was joined as a party defendant. The City Board and the State were jointly responsible for maintaining a segregated school system. Louis Board of Education are ordered and directed as follows: a) To make every feasible effort to work out with the appropriate school districts in the St. Cooperative plan of pupil exchanges which will assist in alleviating the school segregation in the City of St. Which also insures that interdistrict pupil transfers will not impair the desegregation of the St. The City Board argued that the district court orders were not reviewable. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="867"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/07/052665P.pdf">OPINION/ORDER</A><BR> Sarah Pachl is a disabled child who resides within the Anoka Hennepin Independent School District No. 11 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="863"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1BED9CDE5317262088256AA7005A910A/$file/9917157.pdf?openelement">OPINION/ORDER</A><BR> The HO's determination would have 10684 provided Amanda reimbursement for the cost of the 1996 assessments indicating autism and the cost of an in home program funded by her parents from April 1. We then turn to a question of more significance to the growing number of parents of autistic children for whom early detection and early parental involvement in education is critical to their ability to overcome the disorder: whether the District's failure to give Amanda's parents copies of the evaluations indicating the possibility of autism and the need for further psychiatric evaluations when the District learned of the possible diagnosis violated the procedural requirements of the IDEA. We have jurisdiction pursuant to 28 U.S.C.� 1291. Congress enacted the IDEA </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="863"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1086.01A">OPINION/ORDER</A><BR> Angelone</U> was on brief. Namely her Count II claim that the defendants' retaliation infringed on her First Amendment rights and her Count III claim that she was denied equal protection under the Fourteenth Amendment because other parents could access their children's records and teachers. The district court ruled that Weber's Count IV claim was barred because of her failure to exhaust administrative remedies specified by IDEA. IDEA requires such exhaustion prior to bringing a civil action pursuant to other federal laws protecting the rights of children with disabilities if the relief sought is available under subchapter II of IDEA. Such relief is sought through the administrative due process hearing provided in subchapter II of IDEA. <U>See</U> 20 U.S.C. � . Identified as a disabled child in need of special education services under IDEA.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="863"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200503/04-7051a.pdf">OPINION/ORDER</A><BR> With him on the briefs were Carolyn F. With her on the brief were Robert J. Replacement of educational services the child should have received in the first place. Pointing out that neither reasoning nor evidence supported this hour per day calculation and insisting that hour per hour relief was instead the child's due. They also challenge the officer's decision to allow the child's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="863"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/770245B50EEC5EFD88256E5A00707C44/$file/9917157.pdf?openelement">OPINION/ORDER</A><BR> The HO's determination would have 10684 provided Amanda reimbursement for the cost of the 1996 assessments indicating autism and the cost of an in home program funded by her parents from April 1. We then turn to a question of more significance to the growing number of parents of autistic children for whom early detection and early parental involvement in education is critical to their ability to overcome the disorder: whether the District's failure to give Amanda's parents copies of the evaluations indicating the possibility of autism and the need for further psychiatric evaluations when the District learned of the possible diagnosis violated the procedural requirements of the IDEA. We have jurisdiction pursuant to 28 U.S.C.� 1291. Congress enacted the IDEA </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="861"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTI1NDItY3Zfb3BuLnBkZg==/04-2542-cv_opn.pdf">OPINION/ORDER</A><BR> J.) denying their motion for a preliminary injunction requiring New York City and the State of New York to provide immediately to all members of the plaintiff class all services required by their Individualized Education Programs that have been put in place under the Individuals with Disabilities Education Act. Plaintiffs argue that in evaluating whether they were entitled to a preliminary injunction. We also agree that the District Court erred in using the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="861"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/53333A1C2A376D138825723B005F9EE5/$file/0415044.pdf?openelement">OPINION/ORDER</A><BR> He was denied entry. The Kamehameha Schools were created through a charitable testamentary trust. Plaintiff argues that he was denied admission because of his race in violation of 42 U.S.C. � 1981. Factual Background Historical Context2 The islands of Hawaii are geographically isolated in the South Pacific Ocean and were originally settled sometime between 1 and 750 A.D. The immediate result of that first encounter was that Native Hawaiians were introduced to Western goods and Western diseases. The first treaty was signed in 1826. Additional treaties were signed in 1849. Was commercially desirable. Western economic domination of the Hawaiian Islands was followed by an interest in establishing political control. Was overthrown by a small group of nonHawaiians. Who were assisted in their efforts by the United States Minister. Laws were then enacted suppressing the Hawaiian culture and language and allowing for the displacement of Native Hawaiians from their lands. The Hawaiian language was banned as a medium of instruction in schools. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="861"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Dec2002a/013151.pdf">OPINION/ORDER</A><BR> The issue this case presents is whether English applies when the sending school district cannot withdraw from its send receive relationship. 6 I. Branchburg residents are entitled to the representation of only one member on the ten member Somerville Board of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="861"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/677B99C9B927E47488256AD20057BC53/$file/9917157.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: Please see attached Amended Opinion. The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED. 13664 OPINION WARDLAW. The HO's determination would have provided Amanda reimbursement for the cost of the 1996 assessments indicating autism and the cost of an in home program funded by her parents from April 1. We then turn to a question of more significance to the growing number of parents of autistic children for whom early detection and early parental involvement in education is critical to their ability to overcome the disorder: whether the District's failure to give Amanda's parents copies of the evaluations indicating the possibility of autism and the need for further psychiatric evaluations when the District learned of the possible diagnosis violated the procedural requirements of the IDEA. We have jurisdiction pursuant to 28 U.S.C.� 1291. I. Statutory Background The IDEA provides states with federal funds to help educate children with disabilities if they provide every qualified child with a FAPE that meets the federal statutory requirements.1 Congress enacted the IDEA </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="861"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F2E9E3A0DEC35D2088256E5A00707CE4/$file/9917157.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: Please see attached Amended Opinion. The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED. 13664 OPINION WARDLAW. The HO's determination would have provided Amanda reimbursement for the cost of the 1996 assessments indicating autism and the cost of an in home program funded by her parents from April 1. We then turn to a question of more significance to the growing number of parents of autistic children for whom early detection and early parental involvement in education is critical to their ability to overcome the disorder: whether the District's failure to give Amanda's parents copies of the evaluations indicating the possibility of autism and the need for further psychiatric evaluations when the District learned of the possible diagnosis violated the procedural requirements of the IDEA. We have jurisdiction pursuant to 28 U.S.C.� 1291. I. Statutory Background The IDEA provides states with federal funds to help educate children with disabilities if they provide every qualified child with a FAPE that meets the federal statutory requirements.1 Congress enacted the IDEA </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="856"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/07/993807P.pdf">OPINION/ORDER</A><BR> I. Matthew was born in Montana in October. It became apparent over time that his development was impaired. Although specialists were reluctant to diagnose such a young child. They suggested that his impairments were consistent with a type of autism. This course was summarized in a document called an individualized education program (IEP) which noted his developmental disabilities and offered him three half days of school each week and specialized therapy. Matthew began at Parkade Elementary School in a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="856"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2721.01A">OPINION/ORDER</A><BR> Murray</SPAN> were on brief for appellant.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="856"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/06/971943P.pdf">OPINION/ORDER</A><BR> Attacking the Secretary's interpretation (embodied in an informally distributed booklet entitled Questions and Answers Pertaining to Graduate Medical Education) of various Medicare regulations under which the costs that determine the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="852"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/973572P.pdf">OPINION/ORDER</A><BR> The SSD was to provide necessary special education services to Phase I students who transfer to suburban school districts from the city under the voluntary interdistrict transfer plan. The per pupil reimbursement was to be determined by averaging the costs directly attributable to Phase I students. The SSD was seeking reimbursement. No action was taken. 5 In November 1996. Evaluation costs were not reimbursable. The State reiterates its arguments that it is not obligated to continue funding because there is no interdistrict violation under Missouri v. There are no longer victims of de jure violation. 464 (1938) (waiver is intentional relinquishment or abandonment of a known right). Courts look to whether the delay in exercising a right is unreasonable and unexcused and whether the delay results in prejudice for the defendant. Evaluation costs are not reimbursable under the special education plan. We understand from counsel at oral argument that these diagnostic costs for the school years beginning 1994 95 have been quantified. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="852"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-3093.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. R. 36.3. <hr> Plaintiff appellant T.W. is a child with Down syndrome. FACTS(1) T.W. was born on August 24. He was in Early Childhood Special Education classes. He was home schooled for most of the 1998 99 school year. Decisions about placement for special education students are made by a multi disciplinary team called the IEP team. If a child is identified as requiring special education services. We have considered the evidence in the record to which the plaintiff has referred in his briefs in this court. It is not necessary to rule on the defendant's objection to the use of extra stipulation evidence. Once the goals and objectives are set. While there is no evidence that their use of the term was intended in any way to be derogatory. We consider this term stigmatizing and hence will use alternative expressions to refer to T.W.'s placement. <hr> percentile. An IEP for the trial placement was developed on August 27. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="848"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/07/962503P.pdf">OPINION/ORDER</A><BR> I. Nicholas Clynes was diagnosed with a learning disability in reading and math when he was in kindergarten at Hawthorne school. Which is part of the Fort Zumwalt school district. Nicholas' parents attended meetings each year in which the IEPs were discussed. They expressed concern with their son's progress and the way his needs were being addressed at Hawthorne. At that time I will have more information. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="848"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/03/962809P.pdf">OPINION/ORDER</A><BR> Rehearing was denied as to No. 962809 and consolidated cases. To reflect the class's limited success in the particular matter for which fees were requested. The State argues that the Jenkins class is not entitled to fees because it was not successful in resisting the rehearing petition in No. 96 3870. This is a question of whether the glass is half full or half empty. The Jenkins class is the prevailing party in this litigation. The litigation at issue in No. 96 3870 was integrally related to the underlying case in which the class has been quite successful. 127 F.3d at 719. The fees requested here were incurred in work that was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="848"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/feb97/95-3373.wpd.html">FOWLER V. UNIFIED SCH. DIST. NO. 259<BR></A><BR> For the benefit of a profoundly deaf child whose parents have voluntarily removed him from a public school in the District and placed him in the private school. BACKGROUND Michael was born on August 5. These 30 students were all the severely hearing impaired students in the District. Michael received sign language interpretive services from (1) SEE II is a more demanding form of signing than the more prevalent American Sign Language ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="843"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1714.01A">OPINION/ORDER</A><BR> Murray</SPAN> were on brief. MacMahon</SPAN> were on brief. That is the good news. The bad news is that the IDEA is not self executing. Judges alike have struggled to master its intricacies.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="843"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7359A7FF884F8D0D88256F26008260BF/$file/0315178.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Three autistic children (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="843"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/04/991850P.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Lauren was born in 1979. Lauren was deemed ineligible for admission because a psychological evaluation revealed that she had severe delays. Lauren was then placed with the Missouri State Schools for the Severely Handicapped where she received an Individualized Education Program (IEP) from 1985 to 1993. Lauren received an education in which communication skills were neither a priority nor the subject of intensive focus. Lauren was assigned to Barbara Friskey. Lauren was referred to the Missouri School for the Deaf where she enrolled in January 1994. Lauren's parents requested a resolution conference with school officials to determine whether Lauren had been denied a free appropriate public education from 1985 to 1994.2 The resolution conference decision was written by Wanda McPheron. Holding that the action brought by Lauren's parents was untimely because it was barred by the equitable doctrine of laches.3 The district court also held that Lauren had received a free appropriate public education. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="843"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/01/962809P.pdf">OPINION/ORDER</A><BR> The Court also reversed an order funding quality education programs because the order was based on findings that the student achievement levels were at or below national norms based on test scores. 491 (1992). mind that its end purpose is not only `to remedy the violation' to the extent practicable. Also `to restore state and local authorities to the control of a school system that is operating in compliance with the Constitution.' </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="839"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/nov97/95-3373.wpd.html">FOWLER V. UNIFIED SCHOOL DIST. NO. 259<BR></A><BR> We have considered the parties' briefs. We again reverse the district court's decision and remand for further proceedings. (1) Our decision was vacated along with all other cases with petitions for certiorari pending before the Supreme Court which involved the same or similar issues as the ones presented in this case. As they were stated in our prior panel decision. Michael Fowler is a profoundly deaf twelve year old boy who. He is also gifted. That denial was upheld through administrative proceedings. States electing to participate in this system of grants must establish and have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="839"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Sept2003/021799p.pdf">OPINION/ORDER</A><BR> Circuit Judge: The present appeal is the latest chapter in the longstanding feud between citizens. The principal issue on appeal is whether the state of New Jersey waived its sovereign immunity from suit in federal court when it accepted funds disbursed pursuant to the IDEA. We will affirm.3 I. A. BACKGROUND The Statutory Framework of the IDEA The IDEA is a comprehensive scheme of federal legislation designed to meet the special educational needs of children with disabilities. The legislation was enacted in part based on Congress's findings that. 4 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="839"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-3858.PDF">OPINION/ORDER</A><BR> A state that accepts federal funding to educate disabled children must provide such children with an edu 2 No. 03 3858 1 cation that is free. Which is a written statement that maps out how a school district will provide an IDEAcompliant education. Is also a party in her own right. His sister was sexually assaulted. Exactly at what point Alex's learning began to be obstructed is unclear. Although even then learning was still possible with sufficient redirection. That teacher was on 2 maternity leave and could not observe Alex.). Its conclusion was that Alex had problems with off task behavior and making noise. 2 Neither the district court nor the hearing officer found that there was a precise moment during the 2000 01 school year at which Alex's disability began to impede his learning. (ii) at least one regular education teacher of such child (if the child is. (iv) a representative of the local educational agency who (I) is qualified to provide. He was to receive special speech and language training for one hour per week. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="835"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DF699EA465EAEEF88825734D007DD35C/$file/0535181.pdf?openelement">OPINION/ORDER</A><BR> Is amended in full as follows: OPINION FISHER. Arguing that the ALJ and district court were much too forgiving of the District's failures to provide him the special instructional and support services agreed to in the IEP. The district does not violate the IDEA unless it is shown to have materially failed to implement the child's IEP. All statutory citations are to the IDEA. BAKER SCHOOL DISTRICT 5J 11767 when there is more than a minor discrepancy between the services provided to a disabled child and those required by the IEP. We conclude that none of them was material (with the exception of the math instruction shortfall. Which was later remedied in response to the ALJ's order). We hold that Van Duyn is to that extent entitled to reasonable attorney's fees for the relevant work done at the administrative hearing level though not for Van Duyn's mother. Factual and Procedural Background Factual History Van Duyn is a severely autistic boy who was 13 years old during the 2001 02 school year. Van Duyn was a student at South Baker Elementary School. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="835"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053774p.pdf">OPINION/ORDER</A><BR> When we refer to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="835"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0087p-06.pdf">OPINION/ORDER</A><BR> This appeal is brought by a child with a disability within the meaning of the Individuals with Disabilities Education Act (IDEA). REVERSE the court's affirmation of the compensatory education award and REMAND the case with instructions to have the appropriate administrative body craft a remedy that complies with the IDEA. 1 No. 06 5534 Bd. of Educ. of Fayette County. Was not identified by the School District as a child with a disability within the meaning of the IDEA until May of 2003. Which was held by an impartial hearing officer in January of 2004. The hearing officer found that the child was denied a free appropriate public education (FAPE) for his third and fourth grade school years (2001 2002 and 2002 2003) due to the School District's failure to refer T.D. for special education after his second grade year. The Exceptional Children's Appeals Board (Appeals Board) affirmed the hearing officer's finding that the child was denied a FAPE for the two years in question. This Committee is the equivalent of a student's Individualized Education Program (IEP) team under the IDEA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="835"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/11/95-3373.htm">95-3373 -- FOWLER V. UNIFIED SCHOOL DISTRICT NO. 259 (KANSAS) -- 11/04/1997<BR></A><BR> We have considered the parties' briefs. As they were stated in our prior panel decision. We only present essential facts as necessary for us to address the effect of the IDEA Amendments on this case. <p> Michael Fowler is a profoundly deaf twelve year old boy who. He is also gifted. That denial was upheld through administrative proceedings. <p> When the Fowlers appealed the denial to the district court. States electing to participate in this system of grants must establish and have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="828"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/973342P.pdf">OPINION/ORDER</A><BR> The district court determined that there were 1. The Board correctly points out that the parties to this case are bound by decisions of this court and </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="828"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3BFEFB5F59165DF2882572B200549E38/$file/0535181.pdf?openelement">OPINION/ORDER</A><BR> All statutory citations are to the IDEA. 3788 VAN DUYN v. Arguing that the ALJ and district court were much too forgiving of the District's failures to provide him the special instructional and support services agreed to in the IEP. The district does not violate the IDEA unless it is shown to have materially failed to implement the child's IEP. We conclude that none of them was material (with the exception of the math instruction shortfall. Which was later remedied in response to the ALJ's order). We hold that Van Duyn is to that extent entitled to reasonable attorney's fees for the relevant work done at the administrative hearing level though not for Van Duyn's mother. Factual and Procedural Background Factual History Van Duyn is a severely autistic boy who was 13 years old during the 2001 02 school year. Van Duyn was a student at South Baker Elementary School. Van's Duyn IEP also included a behavior management plan that was to be implemented full time. His behavior was not accurately recorded on the card. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="828"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/98-3248.htm">98-3248 -- JOSHUA W. V. USD 259 BOARD OF EDUCATION -- 05/02/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> <center>I. <u>Background</u></center> <p> Plaintiffs Joshua W. and his mother Anita O. brought this action in 1997 . We have jurisdiction under 28 . Evaluating </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="824"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/973780P.pdf">OPINION/ORDER</A><BR> These students are designated as Phase II and Phase III students. The district court noted that the SSD was not required under the plan to accept a specific number of Phase II or III direct transfer students. Provided that acceptance of students was to be decided cooperatively by the local school districts and the SSD on the basis of space availability. An added restriction was that the assignment of transfer students could not contribute to racial segregation. 100 students have applied. The SSD argued it was not contractually obligated to accept direct transfer students during the 1997 98 school year. The SSD further argued that under the plan it was not required to accept a particular number of direct transfer students. The City Board argues that because fifteen Phase II students were accepted and enrolled in the SSD for the 1997 98 school year. This appeal is moot. The SSD agreed that this appeal is moot as to the fifteen students. The SSD indicated it would not return the fifteen students even were we to reverse the district court&s order. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="819"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021962.P.pdf">OPINION/ORDER</A><BR> Holding that the plaintiffs' proposed use of the community centers was a not a form of expressive activity protected by the First Amendment. Hold that the plaintiffs' proposed use is afforded First Amendment protection. Is viewpoint neutral and reasonable in light of the purpose of the centers. It is reasonable for the Board to limit use of the community centers to recreational and community enrichment activities. Formal private education is not a use that is consistent with those purposes. The Use Policy states that the purpose of the community centers is to provide a place for: (1) Park and Recreation programs. The Use Policy states that the community centers are available for: (a) recreational uses (birthday parties. (b) any activity that is illegal. Or is in violation of the County's rules and regulations. (c) possession and consumption of alcoholic beverages.2 The four Calvert County community centers are: (1) Northeast Community Center in the town of Chesapeake Beach. (4) Southern Community Center in the town of Lusby. 2 After litigation was commenced in this case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="819"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ADB50EE10F052FC488256C4B007B949E/$file/0155032.pdf?openelement">OPINION/ORDER</A><BR> Ruling that plaintiffs were required to exhaust California's complaint resolution process before suit. (2) the plaintiffs were not required to exhaust California's complaint resolution procedure and (3) the district court erred in dismissing the plaintiffs claims for prospective injunctive relief against the state defendants based on Eleventh Amendment immunity. Finding that more than half of the nation's eight million children with disabilities were not receiving appropriate educational services. OF TRUSTEES OF MANHATTAN BEACH USD 7 services as are necessary to permit the child `to benefit' from the instruction </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="819"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jul1998/98a1899p.txt">OPINION/ORDER</A><BR> The issue on appeal is whether a board of education exceeded its authority by implementing a consensual program to distribute condoms in public schools in order to prevent disease. We will affirm. HIV infection are epidemic among school age youth . . . . Have an obligation to promote a healthy lifestyle for all adolescents. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="819"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3667.PDF">OPINION/ORDER</A><BR> Its purpose is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="809"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/july96/95-1111.wpd.html">URBAN V. JEFFERSON CTY. SCH. DIST.<BR></A><BR> An IEP is a written statement of (1) the child's present performance level. The part of the IEP at issue in this case is the statement of transition services activities that help the student move from school to a post school environment. 20 U.S.C. 1401(a)(19). Parents are also entitled to bring a complaint on any matter relating to the evaluation or placement of their child and to seek an impartial due process hearing after bringing a complaint. 20 U.S.C. 1415(b)(2). Until he was twenty one. Gregory would have attended Evergreen High School. The Challenge Program was designed to provide education and support services to children with severe disabilities. Plus was an adaptive physical education program. Plus was available at Gregory's neighborhood high school in Evergreen. Gregory's parents were not present at the conference because they could not take time off from work. Arguing that the District violated Gregory's right to a free appropriate public education by (1) assigning Gregory to a school other than the one which he would have attended had he not been disabled and (2) failing to assess Gregory's need for. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="809"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2003/022056p.pdf">OPINION/ORDER</A><BR> We must determine whether the State Defendants are entitled to constitutional immunity from plaintiff A.W.'s claims under section 504 of the Rehabilitation Act of 1973. The District Court correctly held that the State Defendants have waived any immunity from these claims by the acceptance of the federal financial assistance. We therefore will affirm. The defendants knew or should have known of his medical condition. He was a nineteen year old high school student when he commenced this action. A request was filed in December 1997 with the NJDOE on behalf of A.W. and other Jersey City students with dyslexia. The NJDOE is a recipient of financial assistance under the IDEA and other federal programs. The district was ordered to undertake corrective action regarding its reading curricula. He allegedly is making progress in reading. This amended complaint contained ten counts and sought such relief as the entry of a judgment declaring that A.W.'s rights were violated and both compensatory and punitive damages. Were allegedly liable pursuant to 42 U.S.C. � 1983 for infringing his rights under the IDEA and section 504 by conducting an allegedly ineffective complaint investigation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="804"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jun1996/96a1335p.txt">OPINION/ORDER</A><BR> The plaintiffs appellants are two learning disabled children and their mothers who. Frustrated with their inability to secure the special educational plans to which they claim they were entitled by the Commonwealth of Pennsylvania under the Individuals with Disabilities Education Act (IDEA). When their complaints were inadequately addressed or unanswered by the PDE. Who was also sued but has since been dismissed as a defendant. Contended that plaintiffs did not have a private right of action. That the plaintiffs did not have a right of action on their claim that the state had failed to maintain a timely and effective state level complaint resolution system as required by IDEA and by the DOE regulations. We will reverse and remand. We will therefore not reach the numerous other issues raised by the parties on appeal. Supported by such services as are necessary to permit the child 'to benefit' from the instruction. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="804"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971762.P.pdf">OPINION/ORDER</A><BR> The district court granted the defendants' motion to dismiss primarily on the grounds that such damages are unavailable under IDEA. I. The instant appeal is from a dismissal for failure to state a claim. Kristopher was eighteen years old. That his test scores as 2 early as fourth grade </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="804"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/08/971968P.pdf">OPINION/ORDER</A><BR> Because we have now decided the case. The motion for stay is moot. 52 1 In discussing the State's motion for unitary status. The court determined that the burden of proof was on the State. The plaintiffs are entitled to a presumption that existing disparities are causally related to prior segregation. One of the vestiges the court found was an achievement gap between black and white students in the KCMSD. The State argued that the Jenkins Class should bear the burden of proving that this student achievement disparity was caused by the State's constitutional violation. The court found that a portion of the achievement gap was attributable to de jure segregation and that unitary status had not been attained in this respect. The Supreme Court stated that school districts were obliged to desegregate all aspects of their school systems. Disparities in these five aspects of a school's operations are the most important indicia of a segregated school system. The court observed that the capital improvements already ordered were almost. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="804"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/08/972087P.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="798"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1999/982096.txt">OPINION/ORDER</A><BR> Before us is an appeal by plaintiffs. The parents of several Philadelphia public school children were joined as plaintiffs by the following six organizations that devote substantial resources to overcoming what they allege are the disparate and inadequate educational programs caused by the challenged practices: (1) The Black Clergy of Philadelphia and Vicinity. Also joining as plaintiffs were several local officials and entities: (1) the School District of Philadelphia. These original plaintiffs were later joined without objection by intervenors the Philadelphia Federation of Teachers Local 3 AFT AFL CIO. Our review of a district court's dismissal of a complaint is plenary. We apply the same test the district court should have used initially. We will not uphold a dismissal for failure to state a claim if. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="798"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972656.P.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="798"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/07/971794P.pdf">OPINION/ORDER</A><BR> Bowman II. 20 1 In these appeals we are asked once again to interpret certain provisions of the agreement by which the parties to the Pulaski County. The question presented is whether changes made by the State of Arkansas in the funding of retirement and health insurance for teachers violated that agreement. These funds were separate from another. Separate appropriations for teacher retirement and health insurance were no longer made. Was required to pay its own contributions for teacher retirement. (There were refinements and exceptions to this system. Our general description is sufficient for present purposes.). This new general fund was apportioned among the several districts in accordance with two main criteria: the number of pupils. This change was made in response to a decision of the Chancery Court of Pulaski County. Was that it affected. Are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="798"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar2000/995021.txt">OPINION/ORDER</A><BR> N.R. was born on September 7. Was classified as preschool handicapped in 1994. N.R.'s parents rejected this proposal and informed the Board that they planned to have N.R. spend the next year at the Rainbow Rascals Learning Center ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="793"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/973566P.pdf">OPINION/ORDER</A><BR> Because the site acquisition costs were not included in the budget. The State is responsible for 71.5% of all site acquisition costs. The district court confirmed that attorney&s fees and litigation costs were includable as site acquisition costs. We agree with the district court&s determination that such costs were necessary and proper site acquisition costs. Although we are unable to calculate the exact amount at issue based from the record submitted on appeal. The parties have indicated that the State&s 71.5% share amounts to between $184. We trust that the parties will come to an agreement as to the amount due without further court intervention. Fees for two experts whose reports were not properly itemized. 5 1 A true copy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="793"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1996/96a1313p.txt">OPINION/ORDER</A><BR> We will affirm the decision of the Secretary. Federal grants are issued to the states to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="793"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2721.01A">OPINION/ORDER</A><BR> Were on brief. Were on brief. All public elementary schools are run by the Commonwealth's Department of Education. 2002 is described below.</P> <P> On August 14. He was twelve years old at the time and did not know how to read.</P> <P> In the summer before Joshua started second grade. Requested a certified sign language interpreter to assist Joshua in the classroom.<STRONG> </STRONG>Joshua's mother is a special education teacher. The administrative judge found that Joshua's need for a certified sign language interpreter was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="793"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992389.P.pdf">OPINION/ORDER</A><BR> As follows: On page 3 the list of amici curiae is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="793"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/04/043520P.pdf">OPINION/ORDER</A><BR> Was diagnosed at a young age with autism2 and was. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="793"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept1996/96a1419p.txt">OPINION/ORDER</A><BR> Requires that we determine whether the parents of a student eligible for programs and services under the IDEA are entitled to have their daughter's private school placement funded by the local public school district prior to the conclusion of litigation establishing the propriety of that placement. We will affirm the order of the district court. They were entitled to tuition reimbursement. The hearing officer found that the IEP which Susquenita had proposed for Raelee was appropriate and that the school district should not be forced to bear the financial burden of the parents' unilateral decision to place Raelee in a private school. Finding that the proposed IEP was deficient in a number of respects and that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="793"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2270.wpd">OPINION/ORDER</A><BR> It concluded certain instances of Deschenie's speech were unprotected. Those which were protected were not causally related to the adverse employment actions taken by the School Board. Background Deschenie was the Director of Indian Education and Bilingual Education for CCSD from August 2000 through June 2003. She was the Bilingual Education Coordinator. CCSD is a school district located mostly within the Navajo Indian Reservation in San Juan County. 6500 of its 7000 students are Navajo. Deschenie was present at this meeting and interpreted these statements as indicating an intent to eliminate the bilingual education program. There is evidence to the contrary. This court assumes the letter was delivered for purposes of this review. <hr> the alleged deficiencies. CCSD was not complying with the state bilingual program requirements of forty five minutes of daily home language instruction. Deschenie also spoke at this meeting and repeated her concerns that the program was not complying with state standards and was not adequately supported within CCSD. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="787"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3700_035.pdf">OPINION/ORDER</A><BR> We make an exception here because this opinion is being issued in tandem with a companion case. In which Lindsey Ross is identified by her full name for the simple reason that Ross II was filed after Lindsey had reached the age of majority. Because Lindsey's full name is made public in Ross II. This case is about the responsibility of a public school district to provide an education to a student afflicted with Rett syndrome. Which is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="787"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-2272.01A">OPINION/ORDER</A><BR> Chamberlain with whom Chamberlain and Connor were on brief for appellants. Sayward and Loughman were on brief for appellee. * Of the Eleventh Circuit. Are seeking compensatory education for a two year period during which Kevin received no special educational services. Ruling by way of summary judgment that the Murphys' compensatory education claim was barred by laches. Since the parents' delay in filing suit was not unreasonable and factual disputes remain concerning the school district's claim of prejudice. An IEP is a statement of the educational program which must be written for each child and designed to meet each child's unique needs. 20 U.S.C 1401(a)(19). The IEP is developed by a team including a qualified representative of the local educational agency. This team is referred to as the Pupil Placement Team. An IEP is appropriate under the Act if it provides instruction and support services which are reasonably calculated to confer educational benefits to the student. The Act further requires states to establish and maintain certain procedures </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="787"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/973784U.pdf">OPINION/ORDER</A><BR> The above entitled matter is dismissed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="787"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/01/951093P.pdf">OPINION/ORDER</A><BR> That request was based on a claim that the Board was entitled to the fees as a prevailing party. While the case was pending before this court. The Board made a second request for the same fees and expenses based on a theory that the fees were part of site acquisition costs. Once that appeal was filed. It was entitled to reimbursement of attorneys' fees pursuant to 42 U.S.C. � 1988. The attorneys' fees requested were broken down as follows: Attorneys' Fees for Science ILC site acquisition $100. Appellate jurisdiction was predicated on 28 U.S.C. � 1291 (appeal from final judgment). Attorneys' fees and expenses were not included in the Board's site acquisition cost request. The Board explained that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="783"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb2000/983428.txt">OPINION/ORDER</A><BR> These fees and costs were incurred by the Holmeses in challenging the re evaluation of their daughter. Which was to be done by the Millcreek Township School ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="783"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr97/95-9149.opa.html">DEKALB COUNTY SCH. DIST. V. SCHRENKO<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>DeKalb County Sch. Is a suburban area adjacent to and east of Atlanta.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="783"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug97/94-9121.ma2.html">DAVIS V. MONROE COUNTY BD. OF EDUC.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Davis v. 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="783"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr97/95-9149.opa.html">DEKALB COUNTY SCH. DIST. V. SCHRENKO<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>DeKalb County Sch. Is a suburban area adjacent to and east of Atlanta.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="783"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug97/94-9121.ma2.html">DAVIS V. MONROE COUNTY BD. OF EDUC.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Davis v. 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="776"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/08/002346P.pdf">OPINION/ORDER</A><BR> Obtained a ruling that the residential placement was not educationally necessary. She was 15 years old. Was sexually promiscuous. Was thought to have forged checks. Was hospitalized three times for threatening or attempting suicide. A.C. was suspended for behaving inappropriately. All three agreed that A.C.'s behavior was interfering with her academic progress. C.C. was not satisfied with these choices. A.C. was diagnosed with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="776"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992533.P.pdf">OPINION/ORDER</A><BR> Line 1 counsel's firm name is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="776"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/05/97-3125.htm">97-3125 -- O'TOOLE V. OLATHE DISTRICT SCHOOLS UNIFIED SCHOOL DISTRICT NO. 233 -- 05/19/1998<BR></A><BR> We affirm. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="770"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-4060.wpd">OPINION/ORDER</A><BR> We exercise jurisdiction pursuant to 28 U.S.C. 1291 and AFFIRM both orders. (1) This order and judgment is not binding precedent. R. 36.3. <hr> I </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="770"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/04/973984P.pdf">OPINION/ORDER</A><BR> Robert T. is a disabled child who requires a full time. Were refused. A full time assistant for Robert while he was enrolled at St. They were told that an assistant would be provided for Robert only if he attended public school. The district court also awarded Robert's parents attorneys' fees because it found they were prevailing parties within the meaning of the IDEA. Robert is a minor child who suffers from cerebral palsy. Robert appears to have normal cognitive abilities and appears to have no emotional or behavioral difficulties. The parties agree that Robert is disabled within the meaning of the IDEA and that he is a child requiring special education as specified by Iowa law. MISD is a local educational agency. MISD is a school district required to provide special educational services to school age children within its jurisdiction. GWAEA is a local educational agency with authority over Robert's education. Because GWAEA is an area educational agency as defined by Iowa law. It is required to furnish special education to students. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="770"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTcxNzBfb3BuLnBkZg==/03-7170_opn.pdf">OPINION/ORDER</A><BR> Judge: Six students who attend school in the Attica Central School District brought an action against the School District primarily alleging that they have been denied the provision of a free appropriate public education. The School District argues on appeal that the students should have been required to exhaust their administrative remedies before bringing a federal court action. The complaint was styled as a class action. The district court described it as containing </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061960p.pdf">OPINION/ORDER</A><BR> Claiming that the Ms did not put forth evidence proving that the services required under the IDEA were 2 discontinued for the period in question or that the services were not provided in an appropriate environment. We will affirm the District Court's grant of summary judgment on the IDEA claim and reverse its grant of summary judgment on the RA claim. R.M. and P.M. are brothers and fraternal twins who were born on November 10. The Ms are their parents. Both twins were presenting with significant speech and communication delays and functioning at levels significantly below their peers. The County determined that they were eligible for Early Intervention ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972648.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The district court granted the Chesapeake Conference's alternative motions on the ground that Clapper's action is barred by the First Amendment's Free Exercise of Religion Clause (the Free Exercise Clause). I. The Chesapeake Conference is the unit of the Seventh day Adventist Church that operates. Among these schools is Mt. Which is incorporated into all contracts between the Chesapeake Conference and the teachers in its employ. The schools have an express and avowedly sectarian purpose. Which is most comprehensively expressed in the Education Code. The Church's belief regarding Christian education is based on the Scriptures and the writings of Ellen G. White1 which have provided the Church with a distinct philosophy of education. . . . The aim of Seventh day Adventist education is the redemption of each student. White was the founder of the Seventh day Adventist Church. 3 day Adventists want their children to be loyal. There is peculiar to the Church a body of knowledge. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may98/97-2915.man.html">WEISS V. SCH. BD. OF HILLSBOROUGH COUNTY (5/13/1998, NO. 97-2915)<BR></A><BR> Circuit Judges.</P> <P> PER CURIAM:</P> <P> Samuel Weiss is an autistic child. He is thirteen years old. Contending the district court should have granted their motion for summary judgment and denied the Board's motion. The district court properly applied the law to the material facts (which the parties agree are not in dispute).</P> <P> AFFIRMED.</P> <P><CENTER>ATTACHMENT</CENTER> </P> <P><CENTER><EM>APPENDIX</EM></CENTER> </P> <P><CENTER>ORDER</CENTER> </P> <P> Before the Court are cross motions for summary judgment (Dkt's.20. This action is primarily an appeal of a decision rendered by a state hearing officer. Plaintiffs' other claims are based in large part on the resolution of those issues. BACKGROUND</CENTER> </P> <P> Samuel Weiss is a child diagnosed with autism. Integral to the concept of an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/03/021261P.pdf">OPINION/ORDER</A><BR> CJN is an eleven year old boy with lesions in his brain and a long history of psychiatric illness. CJN was placed in a special program for elementary needs (SPEN) classroom at Keewaydin The Honorable Ann D. Most episodes of restraint were for less than a minute. There were six days on which CJN was restrained for five or more minutes: Restraint was used after CJN began kicking others. This was his last day at Keeywaydin. CJN was to receive the help of a one to one paraprofessional and was to participate in a point reward system to reinforce good behavior. CJN has continued to have significant behavioral difficulties at Calvin Academy. Mainly because of the lack of sufficient positive behavioral interventions during the latter period and the amount of physical restraint that he was subjected to. Shall grant such relief as the court determines is appropriate. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/06/952347P.pdf">OPINION/ORDER</A><BR> The other defendants were to blame. Most of the relevant facts are undisputed. The Gould and Grady districts have had a large The Dumas district is also predominantly majority of black students. black. 4 and Star City is a mostly white district. Was passed in 1983. Known as the The Sibling Act permits students who were attending school outside their resident district during the 1982 83 or 1983 84 school years. The Arkansas Legislature limited the use of the transfer statute by prohibiting transfers that adversely affect the racial balance in a school district that is or has been under a court desegregation order. Both Gould and Grady have been Raney v. Were white. Board of Education later asked Gould and Grady to review the transfers granted in earlier years because the transfers might have upset the districts' racial balance. transfers effective 1991. Gould and Grady revoked all For reasons that are disputed. Students covered by the Sibling Act have attended school 5 right. Usually without leaving any record that they were attending under the Sibling Act. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E8695945B7C6F6B5882570AD0051320A/$file/0356499.pdf?openelement">OPINION/ORDER</A><BR> The questioning was part of a survey the Palmdale School District was conducting regarding psychological barriers to learning. Hold that there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children. We also hold that parents have no due process or privacy right to override the determinations of public schools as to the information to which their children will be exposed while enrolled as stu 15064 FIELDS v. We hold that the defendants' actions were rationally related to a legitimate state purpose. I. Kristi Seymour volunteered as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="763"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may98/97-2915.man.html">WEISS V. SCH. BD. OF HILLSBOROUGH COUNTY (5/13/1998, NO. 97-2915)<BR></A><BR> Circuit Judges.</P> <P> PER CURIAM:</P> <P> Samuel Weiss is an autistic child. He is thirteen years old. Contending the district court should have granted their motion for summary judgment and denied the Board's motion. The district court properly applied the law to the material facts (which the parties agree are not in dispute).</P> <P> AFFIRMED.</P> <P><CENTER>ATTACHMENT</CENTER> </P> <P><CENTER><EM>APPENDIX</EM></CENTER> </P> <P><CENTER>ORDER</CENTER> </P> <P> Before the Court are cross motions for summary judgment (Dkt's.20. This action is primarily an appeal of a decision rendered by a state hearing officer. Plaintiffs' other claims are based in large part on the resolution of those issues. BACKGROUND</CENTER> </P> <P> Samuel Weiss is a child diagnosed with autism. Integral to the concept of an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTkwNjItY3Zfb3BuLnBkZg==/03-9062-cv_opn.pdf">OPINION/ORDER</A><BR> This case asks us to decide whether the general knowledge test component of New York State's public school teacher certification program is racially discriminatory in violation of Title VII of the Civil Rights Act of 1964. The plaintiffs are public Page 2 of 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 employees. The essence of their claim is that the New York State Education Department ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1995/95a1206p.txt">OPINION/ORDER</A><BR> Concluding that M. was both mentally gifted and afflicted with a specific learning disability. That she thereby was entitled to special education. Who is now nine years old. The appellants believe that M.'s disability may affect her progress in school and that she is entitled to special education from the State of Pennsylvania. When M. was in kindergarten. The appellants requested that the school district undertake a multidisciplinary evaluation of her to determine whether she was in need of special education.[fn1] Id. Concluding that M. was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Dec1997/97a1755p.txt">OPINION/ORDER</A><BR> We have jurisdiction to review the judgment of the district court pursuant to 28 U.S.C. FACTUAL AND PROCEDURAL HISTORY CSB is a New Jersey chartered. It has been selling CollegeSure(R) CDs which are deposit contracts designed to provide sufficient funds to cover future costs of college education. We deal only with the second action and thus our further references are to that case. Was unconstitutional. Because the abrogation was not a proper exercise of Congress' Fourteenth Amendment enforcement powers. It also pleaded a common law tort of unfair competition but we will not discuss that claim further as the district court dismissed it. Was an unconstitutional attempt to abrogate the states' Eleventh Amendment immunity. The district court found that the constructive waiver doctrine did not apply because Florida Prepaid was engaging in a core government function. CSB appealed from the dismissal of the Lanham Act claim to this court.2 We will affirm the district court's holding that the TRCA is an unconstitutional exercise of Congress' Fourteenth Amendment powers as applied to the present case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/08/972419P.pdf">OPINION/ORDER</A><BR> This is an appeal from the denial of equitable relief compelling the Special School District of St. Louis County (SSD) to provide special education and related services to a child at the private religious school where she was voluntarily placed by her parents. Clare Foley is an eleven year old girl who is mildly mentally retarded. An evaluation team determined that Clare should have one hour of occupational therapy. The issue is whether Clare has a right to special education services at her private school. To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary and secondary schools. Provision is made for the participation of those children in the program assisted or carried out under this subchapter by providing for such children special education and related services in accordance with the following requirements . . . : (I) Amounts expended for the provision of those services by a local educational agency shall be equal to a proportionate amount of Federal funds made available under this subchapter. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1382.01A">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011364.P.pdf">OPINION/ORDER</A><BR> MM and her parents have cross appealed. The contentions raised by MM and her parents are without merit. It is necessary first to review some essential legal principles under which they arise. We will then spell out the factual underpinnings of this dispute. A. The IDEA was enacted in 1990 to ensure that all children with disabilities receive a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0650n-06.pdf">OPINION/ORDER</A><BR> Who as a student in the mid 1990s was denied adequate special educational services by the Dawson Springs School District. United States District Judge for the Eastern District of Michigan. 1 1 Plaintiff Holly Long is learning impaired. It is agreed by all parties that she qualifies as a special education student under the IDEA. She was fourteen. On the theory that Dawson Springs was not in compliance with its requirements under the IDEA. The CRP is an alternative approach to a due process hearing. Those findings were. Failed to determine whether Plaintiff was eligible for a diploma or certificate of completion. Failed to provide a graduation plan. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan2000/991124.txt">OPINION/ORDER</A><BR> The specific question before us is whether the Individuals with Disabilities Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1526_032.pdf">OPINION/ORDER</A><BR> Were unhappy with the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200113864.pdf">OPINION/ORDER</A><BR> He claimed that his rights under the First Amendment's Speech Clause were violated when Allred and Harland punished him for silently raising his fist during the daily flag salute instead of reciting the Pledge of Allegiance with the rest of his class. He further claims that his Establishment Clause rights were violated by Allred's daily </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="757"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/07/99-5130.htm">99-5130 -- FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT NO. I-011 -- 07/31/2000<BR></A><BR> Are entitled to qualified immunity because it was not clearly established law that the grading practice violated FERPA. Falvo is the mother of Elizabeth. Falvo learned that a number of her children's teachers would sometimes have their students grade one another's work assignments and tests and then would have the students call out their own grades to the teacher. Although Falvo was told that her children always had the option of confidentially reporting their grades to the teacher. When Falvo's children were in the sixth. Arguing the court should have granted relief in favor of Philip Pletan on the Fourteenth Amendment claim because. Summary judgment is appropriate </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200312230.pdf">OPINION/ORDER</A><BR> Nor that damages were incidental to equitable and declaratory relief or that common questions of law or fact predominated. We are persuaded by none of the plaintiffs' arguments The plaintiffs/appellants are Cornelius Cooper. I. The complex facts and procedural history underlying this appeal are these. Who are The plaintiffs subsequently amended their Complaint in August. Throughout this opinion references to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1996/96a1395p.txt">OPINION/ORDER</A><BR> Hutchinson was a member of the original panel which heard argument in this appeal on January 24. Before the appeal was resolved. Chief Judge Sloviter was designated to serve in his place on the reconstituted panel. ** Judge Sarokin heard argument but retired from office prior to the issuance of the opinion. It is clear that the language of Title VII is violated when an employer makes an employment decision based upon an employee's race. That Title VII's prohibition against racial discrimination is not violated by affirmative action plans which first. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5B2FF7E1C9E948F788256BA600805C7E/$file/0116274.pdf?openelement">OPINION/ORDER</A><BR> Therefore the district court's consideration of the traditional preliminary injunction factors was error. BACKGROUND Nicholas is an autistic child eligible for educational assistance under IDEA. Its main purpose is to provide disabled children with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200515188.pdf">OPINION/ORDER</A><BR> ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1496.01A">OPINION/ORDER</A><BR> P.A.</SPAN> was on brief. Were on brief. The contract gives Minot the right to send up to 10% of its high schoolers to other approved nonsectarian secondary schools (private or public) so long as those students can demonstrate that they have educational needs that PRHS cannot satisfy. MacKinnon are parents residing in Minot who. A Catholic secondary school that is indisputably sectarian. The parents have not submitted formal applications for such funding because section 2951(2). The doctrine of stare decisis precludes the relitigation of legal issues that have previously been heard and authoritatively determined. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D3BB2B79B2BAD08688256BFA005882C4/$file/0035962.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This appeal challenges Washington law that denies a statefunded </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="750"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4400_011.pdf">OPINION/ORDER</A><BR> I. HISTORY Keri is an African American man and a native of Ghana. He was on tenure track. He was subject to annual reappointments by the Chancellor. Although attempts were made to counsel Keri and to improve the situation. Keri was not selected for reappointment. Keri intro No. 05 4400 3 duced a variety of statements made by former students and colleagues indicating Keri was a good teacher. Keri argued that the students' complaints and allegations against him were baseless. He contended at least two of the complaining students were part of a conspiracy with Utesch to concoct false complaints. There was a lack of evidence that Keri was meeting the legitimate expectations of his employer. There was ample evidence of widespread complaints from both students and supervisors. At least one investigation was performed by IPFW that found evidence supporting the allegations against Keri. Keri attempts to show these were simply a pretext for his lack of reappointment. He introduces no evidence other than some race related comments made by Utesch.2 But even that is insufficient. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/12/98-2168.htm">98-2168 -- ERICKSON V. ALBUQUERQUE PUBLIC SCHOOLS -- 12/17/1999<BR></A><BR> 1400 <em>et seq.</em><a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992685.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Because Alex has not alleged sufficient facts to hold the school board or its officials liable for federal constitutional violations and because a private right of action is not available under the Safe Schools Act. Sherrod was subsequently suspended. At this meeting Stevenson told Respass that McEachern was threatening Alex. This was not done. McEachern was neither disciplined nor removed from Alex's classes. Alex and McEachern were in Swanola Chance's first period art class. Because he was receiving no help from Chance. Alex told her that he was going to the principal's office. McEachern and Jones were suspended. While the juvenile proceedings were pending. One of the lunchtime attackers was suspended from school. On September 25 McEachern and several of his friends harassed Alex and his father while they were at a music festival in Williamston. Alex would have to transfer to private school. Because this is a civil rights case. We are also guided by the following additional principles. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2003/012358p.pdf">OPINION/ORDER</A><BR> At issue is the Newark School District's proposed individual education plan for I.H. for the 1999 2000 school year. Central to this case is the appropriate standard of review a District Court should employ when reviewing state administrative proceedings under the Individuals with Disabilities Act. We hold that the appropriate standard is modified de novo review. We will reverse. It is useful to review the statutory framework before proceeding to the facts. Federal funding of state special education programs is contingent on the states providing a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/12/991163P.pdf">OPINION/ORDER</A><BR> 2 alleging that the individual education program ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19966358.OPA.pdf">OPINION/ORDER</A><BR> Is Donald B.'s maternal parent and by state statute. Donald B. was enrolled unilaterally by his mother in a private. (9) Donald B. was. It further held that Donald B. failed to satisfy McNair 's third prong which limits relief to cases in which the sought after </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/08/02-4169.htm">02-4169 -- L.B. V. NEBO SCHOOL DISTRICT -- 08/11/2004<BR></A><BR> INTRODUCTION</strong> <p> Plaintiffs Appellants L.B. and J.B. are the parents of K.B. A child who was diagnosed with autism spectrum disorder in 1997. Which is required by the Individuals with Disabilities in Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="744"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/05/973288P.pdf">OPINION/ORDER</A><BR> I. Thompson is currently an eighth grade student at New Visions. Thompson was a student in several District schools. Thompson has various learning disabilities and is diagnosed as having emotional behavioral disturbance (EBD). He was suspended six times for such things as hitting. An individualized education plan (IEP) was developed for Thompson. A district social worker questioned whether Andersen D was the proper placement for Thompson. Buckhanon claimed that her son was improperly placed in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2000/98-5917.man.html">HALPERIN V. REG'L ADJUSTMENT BUREAU, INC. (3/15/2000, NO. 98-5917)<BR></A><BR> Multiple holders of defaulted student loans are subject to a cumulative garnishment limit of ten percent of the debtor's disposable pay and imposing an injunction against the Creditors. The district court did not have jurisdiction to enter injunctive relief against Education.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3FAF8B3C0452210E88256DCE00768509/$file/0235179.pdf?openelement">OPINION/ORDER</A><BR> The district court concluded that the School District is an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0382p-06.pdf">OPINION/ORDER</A><BR> Which sought reimbursement for the tuition plaintiffs paid to have their hearing impaired son. Plaintiffs were not entitled to tuition reimbursement both because the private placement was not proper and because plaintiffs failed to give notice of their intention to withdraw their son from the public school. Its purpose is to overcome distance and noise by functioning as if the speaker is only six inches from the ear. The staff also was provided in service training by Jo Ann Ireland. Travis was educated in a regular education classroom with special education support. The Impartial Hearing Officer (IHO) indicated that without his hearing aides Travis was unab le to hear someone shouting two inches from his ear. Who was then employed by defendant as a special education coordinator. Provided inservice training for the staff at Heritage Elementary who were working with Travis. That he continued to have difficulty with comprehension and abstract concepts. His scores on IQ and achievement tests at that time were in the average or low normal range. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200405/03-5169a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2000/98-5917.man.html">HALPERIN V. REG'L ADJUSTMENT BUREAU, INC. (3/15/2000, NO. 98-5917)<BR></A><BR> Multiple holders of defaulted student loans are subject to a cumulative garnishment limit of ten percent of the debtor's disposable pay and imposing an injunction against the Creditors. The district court did not have jurisdiction to enter injunctive relief against Education.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012282.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Alleging that he was demoted from the position of Director of Special Education because of his gender in violation of the Civil Rights Act of 1964. I. Plaintiff Steve Spain was employed by the Mecklenburg County School Board (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200307/01-5383a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1407.01A">OPINION/ORDER</A><BR> Michael M. is a student with disabilities within the meaning of the Individuals with Disabilities Education Act (IDEA). Both suits were dismissed <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="737"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200212462.pdf">OPINION/ORDER</A><BR> His consolidation loan was guaranteed by Great Lakes Higher Education Guaranty Corporation (Great Lakes). The facts are drawn from the parties' statements of undisputed material facts (filed in connection with OSI's motion for partial summary judgment) and the district court's order. 2 1 In 1995. The loan was serviced on Great Lakes' behalf by OSI Collection Services. Which was approximately $27. Debtors who are subject to garnishment are statutorily entitled to a hearing 3 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052262p.pdf">OPINION/ORDER</A><BR> Throughout this opinion the plaintiff appellant will be referred to simply as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/03/003350U.pdf">OPINION/ORDER</A><BR> We have reviewed the record and conclude that Ball's complaint is without merit. The judgment is affirmed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/12/99-1061.htm">99-1061 -- PADILLA V. SCHOOL DISTRICT NO.1 IN THE CITY AND COUNTY OF DENVER -- 12/05/2000<BR></A><BR> The IDEA's predecessor.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/033ACE42E5DADAFA88256CBD00575FA1/$file/0117535.pdf?openelement">OPINION/ORDER</A><BR> The district court determined that the PVUSD violated several procedural mandates required by the Individuals with Disabilities Education A cochlear implant is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2035.01A">OPINION/ORDER</A><BR> Murray</SPAN> were on brief. MacMahon</SPAN> were on brief. A public elementary school in the Portland school district. </P> <P> Parents who unilaterally remove their child from public school because they believe that the special education services provided for the child are inadequate are entitled to tuition reimbursement for the costs of the private school placement under some circumstances. The notice requirement was not met. Those costs are not at issue. The district court agreed with the hearing officer that she was not entitled to tuition reimbursement because she had failed to give notice and that failure was not excused. Which are largely undisputed. Are taken from the district court's opinion and supplemented from the record.</P> <P> In 1995. While he was in first grade. K.M.'s teacher became concerned that K.M. was still making inadequate progress and referred him to a pupil evaluation team (PET). The PET identified a large gap between K.M.'s intellectual abilities and his academic performance and concluded that K.M. suffered from a learning disability and was eligible for special education services.</P> <P> The PET developed an IEP for K.M.'s second grade year. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2002/012423up.pdf">OPINION/ORDER</A><BR> The Tallmans contend that violations of the IDEA and implementing regulations were proximate causes of his death. Jason's death was a tragedy. We are compelled to conclude that summary judgment was proper. Where his behavior was at times highly inappropriate and threatening. He was asked to leave the school and was again enrolled in the Barnegat public school system. Jason was evaluated. During the following summer it was recommended to the Tallmans that they consider a classification of emotionally disturbed. 4 Instead. He was asked to leave Admiral Farragut. Jason's medication was changed and. He was then admitted to the Horsham Clinic. Jason </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200511860.pdf">OPINION/ORDER</A><BR> Is an arm of the state. Because a Florida community college is an arm of the state. Williams's claims against the Trustees are barred by the Eleventh Amendment. A description of the background is necessary to frame the issue. A. Facts Williams was employed as a full time mathematics professor by Edison Community College in Fort Myers. Williams's contract was not renewed for the 2003 2004 school year. Most sections were merely renumbered. The major substantive change was to transfer the powers of the former Board of Regents to the Florida Department of Education. The district court granted summary judgment for the Trustees on the ground that the Eleventh Amendment barred Williams's claims because a Florida community college is an arm of the state. The law is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/03/992599P.pdf">OPINION/ORDER</A><BR> Sean Jasa is a severely handicapped child who needs constant medical care and supervision. The Ambassador is located in Omaha's Westside Public School District. Invoking that court's jurisdiction under 20 U.S.C. � 1415(i)(2)(A).1 Though agreeing that Sean was being provided a free appropriate public education at home. I. The IDEA Claim The IDEA was enacted </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/95opinions/95-5428a.html">STDNT LOAN MKT ASSN V. RILEY RICHARD<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept1996/96a1414p.txt">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="728"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/953378P.pdf">OPINION/ORDER</A><BR> Louis School District (School District) is the largest in Missouri. The School District is governed by the Board of Education. Four seats on the Board are contested in at large Each eligible city resident has four votes which can be allocated. Thereby marginally enhancing the weight of the votes that the voter does cast. receiving the most votes from throughout the city are elected. African American candidates have consistently held seats on the Board of Education.2 and 1995. African American candidates have won twentyone of the sixty six (31%) Board seats available in elections between 1967 Of the thirty eight seats contested from 1977 to 1995. Eleven (28.9%) were filled by African American candidates and another eleven (28.9%) were filled by white candidates who received enough AfricanAmerican votes to have won The Plaintiffs appeal and we affirm. We are uncertain of the makeup of the Board prior to 1967. 2 2 if only African American voters participated. An additional seven seats on the Board of Education were filled through uncontested elections. 4 3 Section 1973 states: (a) No voting qualification or prerequisite to voting or any standard. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0045n-06.pdf">OPINION/ORDER</A><BR> Adam Barnett was born prematurely on April 17. We concluded that we were not in a position to determine whether. The case was moot. We noted that Adam is no longer attending the Shrine School. He receives instruction once per week at the Mid South Assistive Technology Center and is willing to take a variety of courses more frequently. The district court held 2 that plaintiffs' request for compensatory education is not moot. Because the district court found that the case is not moot. The defendant Memphis City Schools contends that the district court erred in finding that plaintiffs' claim for compensatory education is not moot. I. The district court did not err in holding that plaintiffs' claim for compensatory education is not moot. Plaintiffs claim that the Memphis City Schools must pay for educational services because the school system illegally denied Adam Barnett a FAPE when he was under age twenty one. Compensatory education is a judicially constructed form of relief designed to remedy past educational failings for students who are no longer enrolled in public school due to their age or graduation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021687.U.pdf">OPINION/ORDER</A><BR> GREENBRIER COUNTY WEST VIRGINIA Unpublished opinions are not binding precedent in this circuit. Who is dyslexic. The Morgans contended that because an Individualized Education Program ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/May2003/013858ap.pdf">OPINION/ORDER</A><BR> There are limits to this constitutional freedom. To ensure that non members are assessed only for fairshare fees properly chargeable to them. This explanation of the basis for the fee is often referred to as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051157p.pdf">OPINION/ORDER</A><BR> We will affirm. 2 I. BACKGROUND M.S. is the focus of this case. He is a young boy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/May2003/013858o.pdf">OPINION/ORDER</A><BR> There are limits to this constitutional freedom. To ensure that non members are assessed only for fairshare fees properly chargeable to them. This explanation of the basis for the fee is often referred to as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="722"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/12/981830P.pdf">OPINION/ORDER</A><BR> Was a valid exercise of Congress's power under Section 5 of the Fourteenth Amendment. The panel held that there was no waiver. Concluding that Section 504 was not a valid exercise of Congress's spending power because the conditions it placed on a State's receipt of federal funds were too broad and therefore coercive. We hold that Section 504 is a valid exercise of Congress's spending power. Will therefore be affirmed. Or (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended. .... any part of which is extended Federal financial assistance. 29 U.S.C. � 794(b). The State itself as a whole is not a program or activity. As we have previously noted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/43853F20D6B1D9FD88256C08005B2262/$file/0115590.pdf?openelement">OPINION/ORDER</A><BR> Chief Judge: The most significant issue we must decide in these consolidated appeals is what financial information unions must provide to non members. While a formal audit is not required. Together with an independent verification that the expenses were actually incurred. We reverse the district court to the extent that its ruling is inconsistent with our holding. We also reverse the district court's ruling that the school superintendents are liable for any deficiencies in the union's Hudson notice. Because under the law of this circuit the employer is not responsible for ensuring the accuracy of the Hudson notice before deducting agency fees from nonmembers' pay. I. Facts and Procedural History Plaintiffs are non union member teachers in eight California school districts that have entered into agency fee agreements with the local teachers' unions. Those fees are known as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july97/96-6358.opa.html">DONALD B. V. BOARD OF SCHOOL COMM'RS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Donald B. v. Is Donald B.'s maternal parent and by state statute. Donald B. was enrolled unilaterally by his mother in a private. (9) Donald B. was. It further held that Donald B. failed to satisfy <i>McNair</i> 's third prong which limits relief to cases in which the sought after </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A1A29C00D2AE2A2288256C4B005437BF/$file/0115219.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. � 1291. Declaring that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug2000/985061.txt">OPINION/ORDER</A><BR> Were violated on two occasions: once when he was a kindergarten student and once when he was in the first grade.1 The District Court held. This en banc court finds itself equally divided on the issue of whether judgment was properly entered in favor of the defendants other than the Department of Education on the First Amendment claim arising from the first grade episode. We will affirm the District Court's judgments in favor of those defendants on that basis without further explication. While we agree with the District Court that the Department of Education is immune from suit in a federal court under the Eleventh Amendment. We will vacate the judgment in its favor and remand with instructions to dismiss the claims against it for lack of jurisdiction. We will remand. To give C.H. an opportunity to cure the deficiencies we have identified if she is able to do so. I. The following facts are affirmatively alleged in the 1. It is unnecessary for us to distinguish in this opinion between the two theories of liability. 3 complaint. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031030.P.pdf">OPINION/ORDER</A><BR> When the parents believe their disabled child's IEP is inadequate. The issue in this appeal is whether the district court was correct in assigning the burden of proof to the school system in that proceeding. The IDEA is silent on burden of proof. Because we have no valid reason to depart from the general rule that the party initiating a proceeding has the burden of proof. Green Acres does not have a special education program. Brian was placed on probation when he began the seventh grade in the fall of 1997. Brian's parents applied to have him admitted to another private school. The following month Brian was admitted to the McLean School for the next academic year. The parents informed MCPS that the proposed IEP was inadequate and that Brian would attend private school at McLean. In Maryland the due process hearing is conducted by an administrative law judge (ALJ) in the state's Office of Administrative Hearings. Not the process by which it was developed. The ALJ explained that deference is owed to education professionals in the substantive design of an IEP. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july97/96-6358.opa.html">DONALD B. V. BOARD OF SCHOOL COMM'RS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Donald B. v. Is Donald B.'s maternal parent and by state statute. Donald B. was enrolled unilaterally by his mother in a private. (9) Donald B. was. It further held that Donald B. failed to satisfy <i>McNair</i> 's third prong which limits relief to cases in which the sought after </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8150F4337B2EF54B88256D0800755D11/$file/0115590.pdf?openelement">OPINION/ORDER</A><BR> Is withdrawn and the attached Opinion is ORDERED filed. CALIFORNIA TEACHERS ASSOCIATION 4887 The petition for rehearing and petition for rehearing en banc are DENIED. Chief Judge: The most significant issue we must decide in these consolidated appeals is what financial information unions must provide to non members. While a formal audit is not required. Together with an independent verification that the expenses were actually incurred. We reverse the district court to the extent that its ruling is inconsistent with our holding. We also reverse the district court's ruling that the school superintendents are liable for any deficiencies in the union's Hudson notice. Because under the law of this circuit the employer is not responsible for ensuring the accuracy of the Hudson notice before deducting agency fees from nonmembers' pay. I. Facts and Procedural History Plaintiffs are non union member teachers in eight California school districts that have entered into agency fee agree 4888 HARIK v. Those fees are known as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/08/012742P.pdf">OPINION/ORDER</A><BR> This is a dispute between a school district and a parent about the educational rights of a student under the Individuals with Disabilities Education Act (IDEA). Because the IDEA entitles her to education until she is age 21. We remanded the case to the District Court to establish the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200006/99-5215a.txt">OPINION/ORDER</A><BR> With him on the briefs were Lois McKenna Henry. With him on the brief were Robert R. With him on the brief were David W. I The Individuals with Disabilities Education Act seeks to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3044_008.pdf">OPINION/ORDER</A><BR> He is exceptionally bright with an IQ of 140. Joel's parents withdrew him from Shattuck because they believed that the school district was not adequately addressing his behavioral needs. No other specific goals or short term objectives were identified at the meeting. The IEP specified four goals: (1) Joel will demonstrate appropriate hand raising procedures 50% of the time in class. (2) Joel will increase his ability to follow directions given by authority figures by 50%. (3) Joel will increase his ability to interpret a situation and respond appropriately in 50% of situations. (4) Joel will increase his ability to respond appropriately when in competitive situations 50% of the time. Only the first was explicitly discussed at the IEP meeting. The remaining goals were identical to the goals in Joel's previous IEP. Except that the percentages specified were lower than the percentages identified in the preceding IEP. The ALJ found that the school district complied with the substantive requirements of the IDEA by providing Joel with an IEP that was reasonably calculated to 4 No. 06 3044 provide him with some meaningful educational benefit. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="713"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1546.01A">OPINION/ORDER</A><BR> Were on brief. Were on brief. Which provides for an award of attorneys' fees to parents of a student with a disability who is the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961814A.P.pdf">OPINION/ORDER</A><BR> It is an authority constrained by no less a power than that of the People themselves. The constitution is written. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991326.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Was diagnosed in seventh grade with a learning disability that primarily affected his writing skills. After the Brinsons' challenge was rejected in the North Carolina administrative process. Concluding that the school system complied with the Individuals with Disabilities Education Act and provided DeWitt Brinson with an individualized education program that was designed to provide him with a free appropriate public education. Noting that his writing was legible but </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1130.01A">OPINION/ORDER</A><BR> LLP</U> was on brief. We hold that a plaintiff who alleges that local educational officials have flouted her right to a free and appropriate public education may not bring suit for money damages under 42 U.S.C. � 1983 without first exhausting the administrative process established by the Individuals with Disabilities Education Act (IDEA). We next conclude that same sex discrimination is actionable under Title IX of the Educational Amendments of 1972 (although. The upshot is that we affirm the district court's dismissal of the plaintiffs' amended complaint.</FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971482.P.pdf">OPINION/ORDER</A><BR> The School Board determined that Edward was not suffering from a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/002193.P.pdf">OPINION/ORDER</A><BR> Denied the college's request for money because the Commission believed that Columbia Union was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0186p-06.pdf">OPINION/ORDER</A><BR> Which was filed in 1968. The facts and lengthy history of this litigation have been set forth in the prior opinions of this Court and the district court. Faculty members were allowed to intervene ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2003/013858p.pdf">OPINION/ORDER</A><BR> There are limits to this constitutional freedom. To ensure that non members are assessed only for fairshare fees properly chargeable to them. This explanation of the basis for the fee is often referred to as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/06/051765P.pdf">OPINION/ORDER</A><BR> This opinion is being filed by the remaining judges of the panel pursuant to 8th Cir. The opinion is consistent with the views expressed by Judge McMillian at the conference following the oral argument. * of St. I. S.F. suffers from disabling psychological conditions that have been diagnosed as including pervasive developmental disorder. His academic performance was satisfactory but behavior problems persisted. S.F. was sent home or suspended for bad behavior so often during the first half of eighth grade (the fall of 2001) that he was essentially home schooled. S.F.'s special education teachers said that he had progressed academically and was well behaved. The parents argued that a full time residential program was the only way S.F. could receive a free appropriate public education. S.F. was at Pathways from June until November 2002. When the 3 school decided it was not a good fit because S.F. had not progressed and had negative interactions with other students. The panel first denied the claim for reimbursement of tuition at Churchill and Metropolitan on the ground that the District was providing S.F. a free appropriate public education when the parents withdrew him from public school after fourth grade. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTEyMjktY3Zfb3BuLnBkZg==/04-1229-cv_opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: No holiday season is complete. At issue in this case is the holiday display policy promulgated by the Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/01-6008.htm">01-6008 -- CUDJOE V. INDEPENDENT SCHOOL DISTRICT NO.12 -- 07/23/2002<BR></A><BR> He was evaluated by his teacher and the school counselor. These evaluations and recommendations were recorded in a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/08/963250P.pdf">OPINION/ORDER</A><BR> This is an appeal from an injunction enjoining the operation of a public school. Factual Background Independent School District No. 640 (the district) is a rural school district located in southwestern Minnesota. Which is approximately fourteen miles from Vesta. 2 Lloyd Paskewitz bought the old Vesta elementary school building in 1991. Paskewitz and several other Vesta families are members of a religious group known as the Brethren. W.) It is undisputed that the Brethren have a sincerely held religious belief in avoiding the use of technology. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2000/99-10140.man.html">WALKER COUNTY SCH. DIST. V. BENNETT (2/16/2000, NO. 99-10140)<BR></A><BR> 20 USC � 1400 et seq.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3928.PDF">OPINION/ORDER</A><BR> Congress enacted the Individuals With Disabilities Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0050n-06.pdf">OPINION/ORDER</A><BR> This is an appeal from a decision of the United States District Court for the Middle District of Tennessee affirming an Administrative Law Judge's ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3720.PDF">OPINION/ORDER</A><BR> Expresses a strong preference for </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021465.P.pdf">OPINION/ORDER</A><BR> Alleging that she was demoted from the position of assistant principal to teacher because she spoke out against race discrimination (her free speech claims) and because of her race (her discrimination claims). We conclude that Love Lane has raised a genuine issue of material fact as to whether she was demoted in retaliation for her speech. We also conclude that Martin is not entitled. I. Love Lane is employed by the Winston Salem/Forsyth County Board of Education. From 1988 until 1998 she was an assistant principal at four middle and elementary schools. She was told that her strongest skills were in the areas of communication and problem solving. Where Martin said </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041407np.pdf">OPINION/ORDER</A><BR> NJ 07091 Counsels for Appellees OPINION OF THE COURT 2 PER CURIAM: The parties are familiar with the facts of this case. Remand to the District Court so that it may decide whether Plaintiffs are entitled to injunctive. Are moot because B.M. graduated from high school in 1996.1 See Joint Appendix ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2415.01A">OPINION/ORDER</A><BR> <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2000/99-10140.man.html">WALKER COUNTY SCH. DIST. V. BENNETT (2/16/2000, NO. 99-10140)<BR></A><BR> 20 USC � 1400 et seq.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0667n-06.pdf">OPINION/ORDER</A><BR> I. The facts of this case are undisputed. White Hat is a professional education management firm with headquarters in Akron. The complaint at issue does not directly challenge any of the contracts to which White Hat is a party. These claims are pending in state court and need not be addressed here. 2 1 No. 05 4354 Beverly Blount Hill. White Hat's primary motivation for seeking intervention is concededly economic: because </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTk0NzEgdyBFcnJhdGEucGRm/02-9471%20w%20Errata.pdf">OPINION/ORDER</A><BR> Impartial hearing officers ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042849p.pdf">OPINION/ORDER</A><BR> The survey itself was designed to be voluntary and anonymous. Survey results were designed to be and actually were released only in the aggregate with no identifying information. We will affirm. The Parties Plaintiffs are Carol Nunn. We will refer to the student Plaintiffs as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTk0NzFfb3BuLnBkZg==/02-9471_opn.pdf">OPINION/ORDER</A><BR> Impartial hearing officers ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/27B565D1754D4E5E88256B50005F20CE/$file/0070753.pdf?openelement">OPINION/ORDER</A><BR> The IRS explained that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200410314.pdf">OPINION/ORDER</A><BR> Circuit Judge: This is a tragic case involving the death of a four year old boy. Facts Antione Ortega ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971389.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The plaintiffs sued on the novel theory that they were denied a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/03/976097P.pdf">OPINION/ORDER</A><BR> BACKGROUND Johnson is a former student at Missouri Baptist College. The bankruptcy court determined that Johnson's debt to the College was a nondischargeable student loan under 11 U.S.C. � 523(a)(8). Since we agree with the bankruptcy court that Johnson's debt to the College is a loan as that word is used in 11 U.S.C. � 523(a)(8). The outstanding principal balance on the note was $4. Since the parties stipulate that the College is a non profit institution and that the credit was extended for educational purposes under a program. The only issue presently on appeal is whether the College's extension of credit was a loan. The popular portrayal of the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/09/003746P.pdf">OPINION/ORDER</A><BR> An SAT is a student assistance team. An MDT is responsible for determining if a child has a verified disability under the regulations and for developing and implementing an individual education plan to ensure that child receives an appropriate education. She was not verified as having a disability sufficient to qualify her for the provision of special education services under Nebraska's regulations. Another MDT report concluded that Sadonya was disabled by an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2E057485A6713B9E88256B6D0060425A/$file/0070753.pdf?openelement">OPINION/ORDER</A><BR> The IRS explained that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2749_010.pdf">OPINION/ORDER</A><BR> This is a taxpayer suit. Notre Dame was permitted to intervene in the case in the district court as a defendant. ACE is a program for training teachers in Catholic schools. The third is encouragement of the teachers to live and work in accordance with the tenets of the Catholic faith. It was too late to enjoin the expenditure and the likelihood of a future such earmark was too remote to warrant injunctive relief. No. 05 2749 3 We agree that the claim for injunctive relief is moot. Not that the entire case is moot. 000 in federal money was expended by the Secretary of Education (actually slightly less. That expenditure was. Ordinarily federal taxpayers do not have standing to complain about federal expenditures. The Supreme Court has carved an exception for cases in which a taxpayer complains that Congress is spending money in violation of the First Amendment's establishment clause. That expenditure is deemed sufficient injury to the taxpayer to allow him to maintain suit in federal court. Is the depletion of the federal treasury by the amount of the grant. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/952497P.pdf">OPINION/ORDER</A><BR> Special education assessment suggested that S.D. has average to above mathematics skills were below her ability. Describes the specially designed instruction and services that will enable the child to meet those objectives. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar1996/96a1274p.txt">OPINION/ORDER</A><BR> Seeking a preliminary injunction requiring the defendants to keep Daniel at Gladwyne Elementary School in the Lower Merion School District.[fn2] As a matter of convenience we will refer to appellants collectively as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/07/964239P.pdf">OPINION/ORDER</A><BR> United States District Judge for the Eastern District of Arkansas. 33 2 1 holding that her speech was not protected by the First Amendment and that appellees were entitled to qualified immunity. We hold appellant's speech was not protected by the First Amendment and therefore do not reach appellant's other arguments. The notice of appeal was timely filed pursuant to Fed. FACTUAL BACKGROUND Many of the facts are not disputed. The Arkansas Department of Education (ADE) is the state agency responsible for implementing the Act and receives funds from the federal government. Dawson Educational Service Cooperative (Dawson) is an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/07/99-1276.htm">99-1276 -- STURDEVANT V. PAULSEN -- 07/10/2000<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0302p-06.pdf">OPINION/ORDER</A><BR> The district court agreed with the ECAB that the District failed to provide Jason Hunt with a free appropriate public education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Dec1999/991222.txt">OPINION/ORDER</A><BR> A. The Parties Plaintiff Tai Kwan Cureton is an African American who graduated from Simon Gratz High School in Philadelphia in June 1996 ranking 27th in a class of 305 students. Cureton was a member of the track team and earned both academic and athletic honors as a high school student. The SAT is a nationally recognized standardized test. Have emphasized the SAT in this action so we discuss only that test. 5 Plaintiff Leatrice Shaw is an African American who also graduated from Simon Gratz High School and was ranked 5th in a class of 305 students. Shaw was a member of the track team and earned both academic and athletic honors and was selected for membership in the National Honor Society. She was unable to compete on the track team during her freshman year because of the NCAA regulations at issue here. Plaintiffs Andrea Gardner and Alexander Wesby are African American student athletes who exceeded the NCAA minimum GPA requirement for freshman year athletic participation. Though they originally were not parties. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200214469.pdf">OPINION/ORDER</A><BR> Eight Florida citizens1 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4NjBfb3BuLnBkZg==/03-7860_opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: This case presents the question of whether the parents of a learning disabled child are entitled to equitable relief under the Individuals with Disabilities Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/09/00-6165.htm">00-6165 -- T.S. V. INDEPENDENT SCHOOL DISTRICT NO. 54 -- 09/10/2001<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/06/001048P.pdf">OPINION/ORDER</A><BR> Judge Clark held that twenty six percent of the achievement gap of ten normalized curve equivalents between KCMSD's black and white students was a vestige of the constitutional violation. The court said that the State must continue to comply with any obligations that it undertook during the course of the lawsuit that were not covered by the agreement and warned the State against taking any action that might prevent KCMSD from ultimately fulfilling its court ordered remedial goals. Demps that a unitary status hearing was set for January 3. Which the court stated was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041566np.pdf">OPINION/ORDER</A><BR> We will affirm the judgment of the District Court. We will not recount the facts of the case in great detail. Although the parties have been involved in several additional disputes over other aspects of D.C.'s education. An administrative law judge presided over a due process hearing to determine whether D.C.'s parents were entitled to tuition reimbursement. Was replaced by a second administrative law judge. Awarding tuition reimbursement to the parents based on his findings that the Board's IEP was not adequate under the law. That the Newgrange School was an appropriate placement for D.C. Affirming the ALJ's finding that the IEP was inadequate. Tuition reimbursement is available under the IDEA only where (1) a proposed IEP 3 is inadequate. (2) the parents' unilaterally chosen placement is an appropriate placement for the child. This appeal requires us to determine whether the District Court erred by affirming the ALJ's ruling that the Board's proposed IEP for D.C.'s fourth grade year was inadequate.1 This court's decision in S.H. v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTUzNzAtY3Zfb3BuLnBkZg==/04-5370-cv_opn.pdf">OPINION/ORDER</A><BR> That she was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Feb2002/012541mo.txt">OPINION/ORDER</A><BR> Because we conclude that the Commissioner's finding that Green has a marginal education is not supported by substantial evidence. Because the Commissioner failed to make a finding whether Green is illiterate. We will reverse and remand. I. The allegations of error asserted by Appellant are as follows: 1. Is the Commissioner's finding that Mr. Green is illiterate. Is the Commissioner's finding that Mr. Is the Commissioner's finding that Mr. Green's allegations of subjective symptoms and limitations arising therefrom are generally credible. Only to the extent that he is limited to performing a reduced range of sedentary work activity. The facts and procedural history of this case are well known to the parties and the court. Relevant to our decision is the Commissioner's Finding No. 10 that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200302/01-5295a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021564.P.pdf">OPINION/ORDER</A><BR> Circuit Judge: In this case we are called upon to interpret 20 U.S.C. � 1415(j). Daniel Wagner is an autistic child covered by the IDEA. Daniel was receiving at home Lovaas therapy pursuant to an Individualized Educational Program (IEP) prepared by the Board of Education of Montgomery County (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2021.01A">OPINION/ORDER</A><BR> Were on brief. Were on brief. The district court denied all of plaintiffs' claims save one: an award of nominal damages of $1.00 each to the two students who would have been assigned to the school of their choice under the old system but for their race. While high school assignments are made on a citywide basis. Boston is divided into three Attendance Zones the North. These zones were drawn by the district court as part of its desegregation orders. The lines largely hew to major transportation routes to keep traditional neighborhoods intact as much as possible.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1481.01A">OPINION/ORDER</A><BR> Albertson</U> were on brief. Were on brief. Was held liable for $1. The case turns on an issue of first impression concerning the interplay between state and federal law on the question of which institutions are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1334.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. We conclude that Nivette's resignation does not moot the issue of the District's potential liability for discrimination in refusing to rehire Nivette because it is undisputed that Nivette resigned only after notification that she would not be rehired. We conclude that the District was entitled to summary judgment on the failure to rehire claim because Nivette could not produce evidence tending to show that age was a determinative factor in her supervisor's decision not to rehire her or that the reasons given for not rehiring her were pretextual. Which is based on a conversation during which the District's superintendent informed a prospective employer that Nivette had filed a discrimination claim against the District. We hold that no reasonable jury (1) This order and judgment is not binding precedent. It is not enough that the nonmovant's evidence be merely colorable or anything short of significantly probative. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/datefile/datefile.htm">OPINION/ORDER</A><BR> End page heading. > <div align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1275.01A">OPINION/ORDER</A><BR> Straub and Straub & Meyers were on joint brief for appellees Chelmsford School Committee. Susan Wunsch and Massachusetts Civil Liberties Union Foundation were on brief for appellees Michael Gilchrist and Judith Hass. The plaintiffs are two minors TORRUELLA. The minors allege that they were compelled to attend an indecent AIDS and sex education program conducted at their public high school by defendant Hot. BACKGROUND BACKGROUND The plaintiffs are Chelmsford High School students Jason P. Both students were fifteen years old at the time. The Program was staged by defendant Suzi Landolphi ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0432p-06.pdf">OPINION/ORDER</A><BR> This is a civil rights case brought under 42 U.S.C. � 1983. The Defendants Appellants have lodged this interlocutory appeal. Shelley Evans Marshall is a certified high school teacher and a former employee of the Board of Education of Tipp City Exempted Village School District (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0398p-06.pdf">OPINION/ORDER</A><BR> Received his Bachelor's degree in education in 1997 and was subsequently certified to teach elementary education. Barrett was scheduled to be interviewed for a full time teaching position with Steubenville City Schools. From the time that he was in kindergarten. Barrett was interviewed by Steubenville City Schools administrators. A teacher who had not substituted with Steubenville City Schools was hired. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1006.01A">OPINION/ORDER</A><BR> Lee were on brief. Toomey & Lehane were on brief. Daniel is a child with disabilities within the meaning of the Individuals with Disabilities Education Act (IDEA). When Daniel's parents and the Mansfield public school system were unable to agree on the services to be provided Daniel. Mansfield was and is capable of meeting the child's needs. LPS was overly restrictive. The parents were not entitled to be reimbursed for the LPS expenses. We have jurisdiction pursuant to 28 U.S.C. 1331. OVERVIEW The IDEA was enacted to ensure that all children with disabilities receive a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/023919p.pdf">OPINION/ORDER</A><BR> Because the review process is a long one and children are eligible for services under Part C of IDEA only up to the age of three. The issue we are called upon to resolve is whether paying de Mora for the time she personally spent working with her daughter after Bucks County refused to provide services is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/05/982723P.pdf">OPINION/ORDER</A><BR> This is an appeal from the district court's decision that a school district violated section 504 of the Rehabilitation Act of 1973. A high school that is located within the school district. Is not Kratisha's regularly assigned neighborhood school. See 20 U.S.C. �� 1400(d) & 1401(8) (Supp. 1999) (purpose of IDEA is to assure a FAPE to all children with disabilities). The IEP also required special transportation services a lift bus and establishment of a special route which were provided to Kratisha when she attended her neighborhood school. While there is evidence that there are other children in the school district with moderate to severe needs who also need transportation services. The evidence does not reflect whether the parents of the other students attending Kennedy High School would have used Kratisha's particular bus route if one had been created such that economies of scale would reduce the district's cost. Stating that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct1995/95a1183p.txt">OPINION/ORDER</A><BR> The matter was dismissed by the district court on the grounds that a settlement of the administrative proceeding barred pursuit of the claims for damages. We conclude that the settlement agreement was not susceptible to summary disposition. We question the propriety of demanding and receiving a release of such claims in exchange for providing services to which a disabled child is otherwise entitled. Alleging that the child was deprived of his right to a free. We will affirm in part. Occurred while E.J. was in the first and second grades. We will recount these events in some detail. Most are not. E.J. entered the first grade in September 1991 and was placed in a class taught by defendant Mary Angela Engelhardt. Told W.B. that other children were teasing E.J. because of his </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199903/97-5316a.txt">OPINION/ORDER</A><BR> With him on the briefs was Alan B. With him on the brief were Wilma A. Although federal student loan policy now recognizes school misconduct defenses against lenders who have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3655.PDF">OPINION/ORDER</A><BR> This is the second time we have been asked to consider an effort to block the promulgation and implementation of new rules designed to bring the Illinois system of special education teacher certification into compliance with the Individuals with Disabilities Education Act (IDEA). That decree was designed to bring the Illinois system of special education teacher certification into compliance with various requirements of the IDEA. I Under the ISBE rules that were in effect before this litigation. Special education teachers were trained and certified in eight disability categories: learning disabilities. The district court found that because teachers were trained and certified to teach by category of disability. They were unable to service disabled children in integrated settings. The ISBE was to have the primary responsibility of developing special education teacher certification rules. Remained subject to the court's jurisdiction to ensure that the plan eventually adopted was consistent with the permanent injunction the court had already entered against the ISBE forbidding further violations of the IDEA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/81FF3891D48DB33D882571D90054350D/$file/0357138.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: The question before us is one we have not previously addressed: Does the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200502/02-5227b.pdf">OPINION/ORDER</A><BR> With her on the briefs were David B. With her on the brief were Peter D. Appellants contend that they have standing to pursue their challenges. It does not consider the alternate issue of whether judicial review is barred by the Act. To establish a system of assessments for measuring whether students have met those standards. 20 U.S.C. � 6311. A school's 3 continued failure to make adequate yearly progress toward meeting proficiency goals will give rise to assistance and intervention. In order to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200501/02-5227a.pdf">OPINION/ORDER</A><BR> With her on the briefs were David B. With her on the brief were Peter D. Appellants contend that they have standing to pursue their challenges. It does not consider the alternate issue of whether judicial review is barred by the Act. To establish a system of assessments for measuring whether students have met those standards. 20 U.S.C. � 6311. A school's 3 continued failure to make adequate yearly progress toward meeting proficiency goals will give rise to assistance and intervention. In order to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1994/94a0711p.txt">OPINION/ORDER</A><BR> Because we conclude that the ACGME's conduct was not state action. We will reverse. Which is commonly referred to as a residency. Is defined in the Act as training approved or recognized by the board which is either: (1) accredited as graduate medical education by any accrediting body recognized by the board for the purpose of accrediting graduate medical education. . . . Or (2) provided by a hospital accredited by any accrediting body recognized by the board and is acceptable to an American specialty board towards the training it requires for the certification it issues in a medical specialty or subspecialty. . . . Are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1244.01A">OPINION/ORDER</A><BR> Disabilities Rights Center were on brief. Was on brief. The Decree confirmed Adams' entitlement to a FAPE and obligated the school district in which the prison was located to develop an individualized education program (IEP) for each year of a two year span (apparently compensating for a period during which Adams had not received a FAPE). Adams was classified by correctional authorities as a moderately high risk (C 4) inmate and housed accordingly. Inmates housed in the SHU are subject to severe constraints on movement (e.g. They are permitted neither to interact with convicts in other classifications nor to leave the SHU except for medical emergencies and other exigencies). C 5 inmates are handcuffed. The essence of his complaint was that the security constraints which impeded delivery of the requisite educational services to inmates in the SHU did not amount to a valid justification for shirking responsibilities imposed under the IDEA. An administrative hearing was held. While the appeal was pending. Was to receive two additional years of compensatory education. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0430p-06.pdf">OPINION/ORDER</A><BR> Was killed in an automobile accident. Carol Henry was an employee of the Madison Local School District (Madison). Wausau denied coverage and Henry sued seeking a declaratory judgment that Carol Henry was covered by the Wausau policies at the time of her accident. The district court granted Wausau's motion for summary judgment with respect to Henry's claims under the education liability policy on the grounds that the policy was not subject to Ohio Revised Code (O.R.C.) � 3937.18's requirement that the insurer offer UM/UIM coverage. Carol Henry was killed when an automobile driven by Todd J. Sr. collided with the vehicle she was operating. The sole cause of the accident was Hyde's negligence. Hyde did not have automobile liability insurance covering him for the operation of the vehicle involved in the collision. Carol Henry was an employee of the Madison Local School District. Wausau had issued a business automobile policy of insurance to Madison that was in full force and effect on the date of the accident. The policy was issued for the period of September 1. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200510/04-7084b.pdf">OPINION/ORDER</A><BR> With her on the briefs were Robert J. Circuit Judge: Unable to convince a hearing officer that his public school placement was inappropriate under the Individuals with Disabilities Education Act. Both the Supreme Court and this circuit have held that district courts may order school districts to implement educational programs for handicapped students only after finding. That the programs are tailored to meet the students' specific educational needs. The record is so barren of evidence that making such findings would have been impossible we reverse and remand for the court to develop an evidentiary record and fashion an educational program designed to meet Terrance's needs. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/06/981721P.pdf">OPINION/ORDER</A><BR> Claiming that the findings and award are not supported by the record. The State of Arkansas and ADE make only one argument: that because Congress does not have the power under section 5 of the Fourteenth Amendment to pass legislation such as the IDEA. The purported abrogation of states' Eleventh Amendment immunity in � 1403 of that Act is ineffectual and therefore the state and the ADE are not proper parties to the suit. Was amended as the Education for All Handicapped Children Act in 1975. The stated purpose of the Act is to assure that all children with disabilities have available to them . . . a free appropriate public education which emphasizes special education and related services designed to meet their unique needs. To assure that the rights of children with disabilities and their parents or guardians are protected. The chief mechanism for instituting the congressional purpose is the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0BA25511E80E23D2882573380072AE6A/$file/0730060.pdf?openelement">OPINION/ORDER</A><BR> Lambert challenges the district court's application of a twolevel enhancement under United States Sentencing Guideline ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200515769op2.pdf">OPINION/ORDER</A><BR> I. Background The purpose of the IDEA generally is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/01/96-6354.htm">96-6354 -- SWANSON V. GUTHRIE INDEPENDENT SCHOOL DISTRICT NO. I-L -- 01/29/1998<BR></A><BR> Were on the briefs). The purpose behind the home schooling is religious </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/12/971968P.pdf">OPINION/ORDER</A><BR> Our decision on these appeals is Jenkins v. The State objects to the request for a fee because the Jenkins Class was unsuccessful in its main goal of keeping the State in the case and because the Jenkins Class appeal sought unsuccessfully to enhance its victory in the district court. The Agreement issue was inextricably intertwined with the unitariness issue on which it did prevail. The State argues that the unitariness issue and Agreement issues were not inextricably intertwined. The final position of the State is that. I. The State first argues that the unitary status and agreement issues were not inextricably intertwined. Is directly contrary to the ruling of the district court granting fees to the Jenkins Class for the trial court activities in litigating the unitary status/Agreement issues. Was to be remedied within three years. Were essentially the factual findings undergirding the district court's approval of the settlement between the State and the KCMSD. 1 Green v. The inter relation between the Agreement issues and the unitariness issues is demonstrated in our opinion in Jenkins XIV. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1211.01A">OPINION/ORDER</A><BR> PA</SPAN> was on brief for appellants.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/033438p.pdf">OPINION/ORDER</A><BR> Circuit Judge: This is an appeal from a District Cou rt order overturning a state administrative law judge's decision holding that a school district failed to provide a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-2205.01A">OPINION/ORDER</A><BR> Is amended as follows: On page 9. Replace </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/07/002722P.pdf">OPINION/ORDER</A><BR> Plaintiffs John and Leigh T. are the parents of Robert. The district court held that Robert's parents were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/95opinions/95-7016a.html">HOLLAND SIOBHAN V. DC<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0034p-06.pdf">OPINION/ORDER</A><BR> These consolidated appeals are taken from judgments entered by the district court in Matthew Daniels's 42 U.S.C. � 1983 action arising out of Daniels's pre trial detention as a 16 year old on charges of murder. Because we conclude that Daniels was confined in accordance with Michigan law and that the restrictions and conditions of his confinement were an incident of the state's legitimate goal of preventing him from committing suicide. We will affirm the grant of summary judgment in favor of Sheriff Tuscany. We will affirm the grant of summary judgment to Anchor Bay and reverse the denial of summary judgment to Woodside. FACTUAL AND PROCEDURAL BACKGROUND Daniels and two others were charged on October 27. Daniels was remanded by the Macomb County District Court to the custody of the Macomb County Jail. That because Daniels was 16 years old. He was to be segregated from the adult prisoners in accordance with Michigan statutory law. He was initially housed in the medical ward. He was transferred to the mental health floor. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-1896.01A">OPINION/ORDER</A><BR> I. BACKGROUND The following facts are undisputed. Sack is a veteran who graduated from law school in 1959. The IRS announced that it was accepting applications for Estate and Gift Tax Attorney positions (Grades 9 and 11) in its Boston and Portsmouth offices. Sack was 58 years old when he sought this position. All applicants were evaluated and assigned a numerical score pursuant to the Single Agency Qualification Standard (SAQS) for Attorney (Estate Tax) and Law Clerk (Estate Tax) described in the IRS's Qualifications Standards and Guidelines Handbook.1 1. Applicants were not required to complete a written examination. They were rated based on the extent and quality of their education. These points were also available to applicants who had completed accounting education or experience within similar time frames. Who was employed as a salesman for Lechmere when he submitted his 42). 2. Bonus points were available if an applicant had special qualifications. He was given 70 points for having a law degree and 5 points for being a veteran under 5 U.S.C. 3309.3 Sack was only given 1 point for his past legal experience. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001496.P.pdf">OPINION/ORDER</A><BR> Circuit Judge: We are required to determine in this case whether the Granville County (North Carolina) Board of Education enjoys Eleventh Amendment immunity in a suit brought by an employee against it under the Fair Labor Standards Act for overtime pay. Finding that the Board was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A294DE38BC83F75B88257051005488B8/$file/0415044.pdf?openelement">OPINION/ORDER</A><BR> The Kamehameha Schools have operated as the charitable legacy of Princess Bernice Pauahi Bishop. The Kamehameha Schools give preference to students who are of native Hawaiian ancestry. Attendance at the Kamehameha Schools is effectively limited to those descended from the Hawaiian race. The issue considered here is a significant one in our statutory civil rights law: May a private. Purposefully exclude a student qualified for admission solely because he is not of pure or part aboriginal blood? The parties agree that this is a case of first impression in our circuit. He argues that he was denied entry to the Kamehameha Schools because of his race in violation of 42 U.S.C. � 1981. I The facts are not in dispute. Nonsectarian schools which are dispersed among the Hawaiian Islands. KAMEHAMEHA SCHOOLS 8927 The school system was founded in 1887 under a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1368.01A">OPINION/ORDER</A><BR> Charset=utf 8 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9173F7BA0C5DEF948825731D0057A07A/$file/0556006.pdf?openelement">OPINION/ORDER</A><BR> BACKGROUND1 Shane Kutasi is an autistic boy who was 11 years old when the disputes at issue here arose. Were unable to reach agreement on a modified IEP for Shane for the succeeding school years. LAS VIRGENES USD Shane was scheduled to attend the A.E. Was denied access to the school after three days by Principal Steven Rosensweig. Who claimed that Shane was not properly enrolled. Requiring that the Kutasis sign Shane in and out from school everyday when no other student was required to do so. LAS VIRGENES USD (12) refusing to allow the Kutasis to volunteer for several field trips that were taken at Round Meadow. (13) requiring that Barbara Kutasi obtain a TB test and a medical release in order to be a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CFF82F4865A3771188256EAE0059035E/$file/0235260.pdf?openelement">OPINION/ORDER</A><BR> ORDER The opinion in this case is amended as follows: 7492 SETTLEGOODE v. The section 1983 claim is both necessary and sufficient to sustain the jury's full verdict. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/07/981485P.pdf">OPINION/ORDER</A><BR> He alleges that what he received was not the statutorily mandated free appropriate public education he was entitled to. Which was Bloomington. Which was dismissed for lack of timely service. The court further remarked that Smith was not entitled to an IDEA hearing against the Special School District because he was not a student (or a resident) in the Special School District at the time of his request for a hearing. Smith's section 1983 claims against Wedl's predecessor were predicated on violations of Smith's procedural rights under the IDEA. 20 U.S.C.A. �� 1400 1491o (now codified as amended at ��1400 87 (West Supp. 1999)). The court had already decided these claims were not viable because Smith did not reside within the Special School District or attend school there and so had no right to a hearing against the district. The one IDEA procedural right not affected by Smith's change of residence was his claim that the Special School District failed to inform him that he would not preserve his right to IDEA remedies against the Special School District if he moved out of the district. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec98/96-3413.opn.html">BERG V. FLORIDA DEP'T OF LABOR (12/30/1998, NO. 96-3413)<BR></A><BR> He was employed as a maintenance worker at a home for adults with mental disabilities and was taking classes at the University of South Florida ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/00-4032.htm">00-4032 -- WHITNEY V. BOARD OF EDUCATION OF GRAND COUNTY -- 06/18/2002<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012473.P.pdf">OPINION/ORDER</A><BR> Educational services provided to a disabled child during the summer in a school system where children do not normally attend school during the summer are called extended school year services (ESY Services). 34 C.F.R. � 300.309. 1 DIBUO v. I. The following facts are not in dispute. Mark was born on December 19. Mark's disability is classified as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-2006.01A">OPINION/ORDER</A><BR> 1997 is corrected as follows: On the cover sheet. Bart Totten and Adler Pollock & Sheehan Incorporated were on brief for appellant. With whom the Rhode Island Protection and Advocacy System was on brief for appellee. I. The essential facts are not in dispute. Is entitled to receive special educational services under the IDEA. She was entitled to 230 days of special education services per year under the Rhode Island Board of Regents' Regulations Governing the Special Education of Children with Disabilities (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9BB927BAFC52D41E88256E6D005A56E7/$file/0235260.pdf?openelement">OPINION/ORDER</A><BR> Facts Many facts were hotly disputed at trial. Pamella Settlegoode was hired by Portland Public Schools as an Adapted Physical Education teacher for the 1998 99 academic year on a probationary basis. She was an itinerant teacher and therefore conducted her physical education classes at two or three different schools each day. Settlegoode soon became concerned about the way disabled students were treated in the Portland schools. Material and equipment were often lacking. Winthrop told Settlegoode that she was the only one who had ever complained about the facilities for disabled students. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec98/96-3413.opn.html">BERG V. FLORIDA DEP'T OF LABOR (12/30/1998, NO. 96-3413)<BR></A><BR> He was employed as a maintenance worker at a home for adults with mental disabilities and was taking classes at the University of South Florida ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031181.P.pdf">OPINION/ORDER</A><BR> FairThe court has revised the caption of this appeal in order to protect the identity of the minor student on whose behalf the underlying action was filed. 1 2 AW v. Including its </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/07/023512P.pdf">OPINION/ORDER</A><BR> We reverse and remand the case for further proceedings because the Social Security Commissioner's determination that Hensley retained the ability to engage in substantial gainful activity is not supported by substantial evidence. Hensley was unable to return to work or undertake many daily life activities. Our review of the Social Security Commissioner's final decision is deferential. We review that decision only to ensure that it is supported by </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1926.01A">OPINION/ORDER</A><BR> Malaguti was on brief. Daubard were on brief. Fulbright & Jaworski L.L.P. were on brief. P.C. were on brief. Is forbidding. Sheer bulk rarely is an accurate proxy for complexity. The facts that inform MSL's wide ranging allegations are too diffuse to shed much light at this juncture. The school's self proclaimed mission is to provide high quality. Affordable legal education to capable persons who traditionally have been shut out of the legal profession. MSL is not a fully accredited law school. The ABA is the largest national organization of the legal profession. Though the ABA does not have the power to discipline lawyers. The AALS is a non profit association of 160 law schools. Its stated objective is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/08/981010P.pdf">OPINION/ORDER</A><BR> One argument Arkansas raised is that the Eleventh Amendment bars a federal court from exercising jurisdiction over the Bradleys' IDEA claim. Judge Moody concluded that the IDEA was a valid exercise of Congress's power under � 5 of the Fourteenth Amendment to enforce the Equal Protection Clause. That the IDEA's provisions abrogating the state's Eleventh Amendment immunity therefore were valid under Seminole Tribe of Florida v. A methodology found to have some success in treating children with autism. An IEP is a written statement that indicates the educational performance level of a child with a disability and the special and mainstream services that will be used to accommodate the child and ensure that the child receives an appropriate education. Judge Eisele agreed with Judge Moody's order in Bradley that the abrogation provision in the IDEA was a valid exercise of Congress's � 5 power. Judge Eisele also determined � 504 was a valid exercise of Congress's � 5 power. The District Court held in abeyance its ruling on further motions and granted a continuance while the appeal was pending. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E340D76D1D4D2F3E882570700053DE5A/$file/0435029.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This appeal presents the question whether harassing conduct directed at female employees may violate Title VII in the absence of direct evidence that the harassing conduct or the intent that produced it was because of sex. We hold that offensive conduct that is not facially sex specific nonetheless may violate Title VII if there is sufficient circumstantial evidence of qualitative and quantitative differences in the harassment suffered by female and male employees. Arguing that there were insufficient facts for a jury to infer that there existed a hostile work environment or that any alleged harassment was because of sex. NEA also separately moved for summary judgment on the ground that it was not a proper party to the action and that it was not liable for any alleged violations of Title VII. Assuming that there were violations. Holding that a reasonable trier of fact could not find that the alleged harassment was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/41C2270234D18DAE882572D600000F22/$file/0417480.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This case presents the issue of when one is a prevailing party under the Individuals with Disabilities Education Act 5392 PARENT V.S. v. Because the hearing officer determined that student A.O. was deprived of a free and appropriate public education (FAPE). That A.O. was eligible for special education. A.O. was a prevailing party entitled to an award of attorneys' fees. I. Background When A.O. was a student in the Los Gatos Saratoga Joint Union High School District. That A.O. was not a prevailing party because the hearing officer's decision was insufficient to materially alter the legal relationship between the parties. The school district contended that any alteration of the relationship was de minimis. Standard of review Although a district court's denial of attorneys' fees is typically reviewed for abuse of discretion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-5136.html">SOUTHFORK V. U.S.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/01/963669P.pdf">OPINION/ORDER</A><BR> Concluding that Warner is not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/08/013367P.pdf">OPINION/ORDER</A><BR> Thomas and Dianna Bradley bring this suit on behalf of their autistic son to challenge multiple aspects of the educational services provided to him while he was a student in the Williford. State education officials have violated the Individuals with Disabilities Education Act (IDEA). These cases have been consolidated by the District Court. The Bradleys' son is no longer in school (the record does not show why). Therefore the Bradleys' request for injunctive relief as to their son is now moot. In which only injunctive relief is sought on behalf of the class. Because these officials are entitled as a matter of law to dismissal from this lawsuit on the ground of qualified immunity. I. The events underlying the instant complaint already have an extensive history of litigation in this Circuit. We are asked in this appeal to address the quite narrow question of whether three state DOE officials Ray Simon. The state officials)3 are entitled to qualified immunity. Thus it is not at issue in this appeal. He </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3B8434AA2CA0F32C88256C590053196C/$file/0135823.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This appeal requires us to decide whether a plaintiff who seeks only money damages is required to exhaust administrative remedies before instituting a claim under 42 U.S.C. � 1983 predicated on a violation of the Individuals with Disabilities Education Act (IDEA). Exhaustion of those remedies is required. Robb was in the fourth grade. The tutoring occurred on the floor of a dim hallway where there was no chair or desk for her to use. The district court dismissed the case for lack of subject matter jurisdiction on the ground that the plaintiffs were barred from pursuing a judicial remedy before they exhausted their administrative remedies under the IDEA. The principal purpose of the Act is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/06/96-6134.htm">96-6134 -- CURTIS V. OKLAHOMA CITY PUBLIC SCHOOLS BOARD OF EDUCATION -- 06/16/1998<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012116.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Jennings's academic performance was deteriorating substantially. FCPS informed Jennings's parents that she was now eligible for special education services. Jennings continued to have many of the same academic and behavioral difficulties that she had demonstrated the prior year at her FCPS high school. A state hearing officer determined that a consensus of the IEP team at the December 1997 IEP meeting was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200515769.pdf">OPINION/ORDER</A><BR> I. Background The purpose of the IDEA generally is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/02/001048P.pdf">OPINION/ORDER</A><BR> Judge Clark held that twenty six percent of the achievement gap of ten normalized curve equivalents between KCMSD's black and white students was a vestige of the constitutional violation. The court said that the State must continue to comply with any obligations that it undertook during the course of the lawsuit that were not covered by the agreement 3 and warned the State against taking any action that might prevent KCMSD from ultimately fulfilling its court ordered remedial goals. Which the court stated was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19963413.MAN.pdf">OPINION/ORDER</A><BR> He was employed as a maintenance worker at a home for adults with mental disabilities and was taking classes at the University of South Florida ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0262p-06.pdf">OPINION/ORDER</A><BR> The court will employ </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Jan2003/013575.pdf">OPINION/ORDER</A><BR> This opinion and judgment are being entered insofar as the remaining judges are unanimous in this decision. 2 Michael I. We will affirm both Orders. The requirements of the Preliminary Injunction and the process to which the DCIU was entitled. I. Facts and Procedural History John T. is a twelve year old mentally retarded child with Downs Syndrome. The DCIU is charged by Pennsylvania law with the provision of special education services to children with disabilities attending private schools within Delaware County. A dispute arose regarding the programs and services that DCIU was obligated to provide John T. for the 1998 99 school year. While the DCIU was willing to provide services to John T. at a public school. John T. and the DCIU were unable to resolve their dispute before the school year began. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052553p.pdf">OPINION/ORDER</A><BR> 2006 after the case was initially argued and continues to participate in the matter pursuant to I.O.P 9.6.4. Regarding the availability of � 1983 to redress violations of federal statutory rights and the opinions of our sister courts of appeals that have questioned Matula. Held that the alleged violations of plaintiff's rights were actionable under � 1983 and denied defendants' motion for summary judgment on the ground of qualified immunity. Concluding that plaintiff's cause of action could be maintained and there was sufficient evidence for a jury to find that defendants violated clearly established federal law. We will reverse. Wherein we specifically reasoned that � 1983 was available to redress a violation of a student's rights secured by the IDEA. The District Court also rejected defendants' argument that individuals could not be sued under � 1983 for alleged violations of the IDEA and Section 504 because these statutes impose liability only on entities that The procedure leading to the amendment of A.W.'s original complaint was as follows: the NJDOE defendants. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/04/02-4090.htm">02-4090 -- L.C. V. UTAH STATE BOARD OF EDUCATION -- 04/03/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> L.C. and K.C. Because we conclude the order appealed is not a final appealable order as required by 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/99a0421p-06.pdf">OPINION/ORDER</A><BR> Et al. 3 impracticable.10 The dismissal of existing claims is not. We agree that the proposed amended complaint did not allege facts sufficient to show that joinder of the putative class members would be impracticable as is required under Fed. We are convinced that the district court did not abuse its discretion in denying plaintiffs' motion to amend. I. Lisa Dong was born November 1. Lisa was evaluated at age three by a Multidisciplinary Evaluation Team (MET). An IEP was agreed to. She was enrolled in a special education early intervention program. Lisa was evaluated for suspected autism by the Central Evaluation Team (CET). Oakland County's programs for autistic children are operated in several school districts. Lisa was enrolled in the Birmingham Public Schools' program for autistic impaired children and began attending 13 Defendants also argued that leave should be denied because plaintiffs failed to exhaust administrative remedies with respect to the class action claims. We do not reach this issue. 10 Plaintiffs' other claims were dismissed largely on the basis of the finding that the IEP offered an FAPE. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200411063.pdf">OPINION/ORDER</A><BR> Circuit Judge: At issue in this class action lawsuit is whether the City of Thomasville School District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1169.wpd">OPINION/ORDER</A><BR> He is entitled to a free appropriate public education (FAPE). He timely appealed and we have jurisdiction under 28 U.S.C. 1291. Have filed amicus briefs. Decide whether the District's policy is consistent with the IDEA. Individuals with Disabilities Education Act The IDEA is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/03/00-6128.htm">00-6128 -- EARLS V. BOARD OF EDUCATION OF TECUMSEH PUBLIC SCHOOL DISTRICT -- 03/21/2001<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19963413.OPN.pdf">OPINION/ORDER</A><BR> He was employed as a maintenance worker at a home for adults with mental disabilities and was taking classes at the University of South Florida ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr2001/001711.txt">OPINION/ORDER</A><BR> It is not disputed. They will be able to pursue an interlocutory appeal in this Court. Will dismiss this interlocutory appeal for lack of jurisdiction. Suit was filed by students and parents. Injunctive and declaratory relief was sought against members of the state's executive branch. App. at 48a. 1 That motion was unopposed. Was granted by the District Court. Because it was. Both petitions were denied. Which was granted. The Legislative Leaders' response to the motion was not received until after the District Court entered its order. That they do not waive any </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/08/02-2199.htm">02-2199 -- BUTLER V. RIO RANCHO PUBLIC SCHOOLS BOARD OF EDUCATION -- 08/25/2003<BR></A><BR> Background</strong> <p> The following facts are alleged in the amended complaint. A school security guard noticed the vehicle did not have a permit and ran a registration check. Butler denied knowing the items were in the car. Arguing the complaint failed to state a claim and the School was entitled to qualified immunity. The School moved the district court to reconsider its ruling that the School was not entitled to qualified immunity on the Butlers' substantive due process claims. The School argues the district court should have granted its motion to dismiss based on qualified immunity because it did not violate Mr. Butler's substantive due process rights were not clearly established.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/03/043102P.pdf">OPINION/ORDER</A><BR> Ron and Joann Fitzgerald are the parents of S.F. Who was born in 1992 and later enrolled for several years in the Camdenton R III School District. The District claims that his behavior and academic performance indicated he might have a disability. The Fitzgeralds have had S.F. evaluated privately and provided special education services to him through private sources.1 The Fitzgeralds have expressly waived all benefits under the IDEA. Authorizing an evaluation of S.F. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-3268.wpd">OPINION/ORDER</A><BR> Plaintiffs are J. Who died after the suit was filed. Defendants are the District and Dr. Before this suit was filed. The District brought a state court action (which is still pending) to require Mother and P.P. to pay for special education services provided the children during a period when. The children were not residents of the District and therefore were ineligible for those services. Claiming that denial of the special education services received by the children from the District would have violated the Individuals with Disabilities Education Act (IDEA). We hold that the district court should have stayed proceedings on the claims for damages and lacked jurisdiction to resolve the remaining claims <hr> because of the pending state action. I. Background R.L. was autistic and his brother J.L. suffers from a milder learning disability. During that school year an anonymous informant told the District that the children were nonresidents. Mother assured the District that she and the children were residents. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5A6ADF82126ACF20882571F4005670B0/$file/0517349.pdf?openelement">OPINION/ORDER</A><BR> Because this construction is consistent with the plain meaning of the language employed by Congress. Which is defined as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C855049FE707ED5E88256E0F005D00AB/$file/0115764.pdf?openelement">OPINION/ORDER</A><BR> JOSEPH is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-2225.01A">OPINION/ORDER</A><BR> LLP</U> were on brief. The case was referred to a magistrate judge. There were amendments to Wayne Jr.'s Plan that allowed him to take exams in a room where he experienced fewer asthma symptoms and granted him an extension until the end of the summer to complete his class work. If the team concluded that the transfer was successful. The results of the air tests at Coventry High School showed that the air quality was normal. Which was terminated by the court's entry of summary judgment on the basis of the plaintiffs' failure to exhaust administrative remedies. IDEA and the Exhaustion Requirement</STRONG></CENTER> </FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov2001/00-15142.opn.html">UNITED STATES V. WEAVER (11/13/2001, NO. 00-15142)<BR></A><BR> Judy Weaver was the Director of Finance of Flagler Career Institute ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTYzODUtY3Zfb3BuLnBkZg==/04-6385-cv_opn.pdf">OPINION/ORDER</A><BR> District Judge. Appeal by plaintiff school from district court's ruling that the Department of Education was authorized by statute to determine the liability of the school to the Department in an administrative hearing. That the school was estopped from relitigating the determinations made at the administrative hearing. United States Secretary of Education Margaret Spellings is automatically substituted for former United States Secretary of Education Richard W. The Clerk of the Court is requested to amend the official caption to match the above. Ruling that the Department was authorized to conduct an administrative proceeding to assess liability against the School. There is no material distinction between the Department of Education and the Secretary of Education. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981742.P.pdf">OPINION/ORDER</A><BR> I George Mason University ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/08/033088P.pdf">OPINION/ORDER</A><BR> The Attorney General provided an advisory opinion on the impact such a detachment might have on the desegregation obligations of the districts involved. The opinion reiterated the earlier expressed concern that detachment might have a negative impact upon and complicate desegregation plans. The settlement agreement was signed by the three school districts in Pulaski County and included desegregation plans for each district. 12 2 II. We first consider whether the motion to intervene was properly denied. If the motion was properly denied. We review de novo the district court's determination that a party is not entitled to intervene. A party is entitled to intervene as a matter of right if: (1) it claims an interest relating to the subject of the action. (3) its interest is not adequately represented by existing parties. Its ability to continue to advocate such action is therefore dependent upon the outcome of these proceedings. The principal inquiry in this case is therefore whether or not the state adequately represents the Bollen Group's interest. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/08/02-1160.htm">02-1160 -- LANDER V. SUMMIT COUNTY SCHOOL DISTRICT -- 08/13/2004<BR></A><BR> Senior Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1886.01A">OPINION/ORDER</A><BR> Were on brief for appellant. <P> <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov2001/00-15142.opn.html">UNITED STATES V. WEAVER (11/13/2001, NO. 00-15142)<BR></A><BR> Judy Weaver was the Director of Finance of Flagler Career Institute ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec2001/00-15142.op2.html">UNITED STATES V. WEAVER (12/18/2001, NO. 00-15142)<BR></A><BR> Judy Weaver was the Director of Finance of Flagler Career Institute ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/97-1055.htm">97-1055 -- MURRELL V. SCHOOL DISTRICT NO. 1, DENVER COLORADO -- 08/04/1999<BR></A><BR> We are bound to construe as true the facts presented in the plaintiff's complaint. <em>See</em> <em>Seamons v. Jones was born with spastic cerebral palsy. She is also deaf in her left ear. Jones was also developmentally disabled. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4940C2B517AA1E7E88256CD8005C1E00/$file/0115219o.pdf?openelement">OPINION/ORDER</A><BR> The full court was advised of the petition for rehearing en banc. Active judges failed to vote in favor of rehearing en banc. The petition for panel rehearing and the petition for rehearing en banc are denied. Political structure equal protection analysis concerns a restructuring of the *Judge Reinhardt was recused. 2462 VALERIA v. This case should have been reheard en banc. Is designed for that purpose. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/97-3087.htm">97-3087 -- LOGUE V. UNIFIED SCHOOL DISTRICT NO. 512, SHAWNEE MISSION -- 07/16/1998<BR></A><BR> 1400 1485. <p> Noah Logue is a young boy who is hearing impaired. The states must have in effect a policy which </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D2D4CBF690CD61A6882571560001FEBD/$file/0457037.pdf?openelement">OPINION/ORDER</A><BR> Appellant in this action is a sophomore at Poway High School who was ordered not to wear a T shirt to school that read. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan98/94-8667.man.html">FLOYD V. WAITERS (1/20/1998, NO. 94-8667)<BR></A><BR> Title IX</P> <P> Plaintiffs contend that they were the victims of intentional discrimination based on the sexual harassment by Booker in violation of Title IX. ... be subjected to discrimination under any education program or activity receiving Federal financial assistance.... </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-2157.wpd">OPINION/ORDER</A><BR> Moseley's appeal because all of his claims are now moot. Moseley was a student at Del Norte High School in Albuquerque. The request was based in part on the failure of APS to provide Mr. Moseley is deaf. Moseley a free appropriate public education (FAPE) because it failed to fully evaluate whether real time captioning was appropriate for Mr. The IDEA guarantees that children with disabilities have access to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan98/94-8667.man.html">FLOYD V. WAITERS (1/20/1998, NO. 94-8667)<BR></A><BR> Title IX</P> <P> Plaintiffs contend that they were the victims of intentional discrimination based on the sexual harassment by Booker in violation of Title IX. ... be subjected to discrimination under any education program or activity receiving Federal financial assistance.... </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec2001/00-15142.op2.html">UNITED STATES V. WEAVER (12/18/2001, NO. 00-15142)<BR></A><BR> Judy Weaver was the Director of Finance of Flagler Career Institute ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/08/983268P.pdf">OPINION/ORDER</A><BR> BACKGROUND Some of the background of this litigation is set forth in Peter v. Relevant to this fee dispute is the following. To whom this matter was referred for submission by consent of the parties under 28 U.S.C. � 636(c). Because another matter is pending in the district court. The State indicated it would work with the state board of education to repeal the rule to the extent it was inconsistent with Agostini. The State will no longer enforce the rule as limited to neutral sites </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/002312.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. OPINION PER CURIAM: This case addresses whether a reimbursement award for educational expenses was proper under the Individuals with Disabilities Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986598.MAN.pdf">OPINION/ORDER</A><BR> The lawsuit is barred by the Eleventh Amendment. I. The factual and procedural history surrounding this case are straightforward. An English only Amendment to the Alabama Constitution was ratified. Amendment 509 states: English is the official language of the state of Alabama. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment. The courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. Other interpretive aids were officially forbidden. Naming Sandoval as the representative of the class of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar1998/98a1817p.txt">OPINION/ORDER</A><BR> He contends that the district court committed prejudicial error in refusing to instruct the jury that the intent to use the components as a weapon is an element of the crime charged in the indictment. Urban claimed to have written the pamphlet. John Moreton was an informant for the Alcohol. Urban was arrested and charged with the possession of an unregistered destructive device in violation of 26 U.S.C. Urban was indicted on one count of possession of an unregistered destructive device. Urban was found guilty after a trial by jury. He contends that the trial court was required to instruct the jury that the Government had the burden of producing evidence that he intended to use the components of an unregistered destructive device as a weapon. Section 5861(d) of the National Firearms Act provides in pertinent part that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1986.01A">OPINION/ORDER</A><BR> Inc. were on brief. Were on brief. It is appropriate that we keep in mind that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200416133.pdf">OPINION/ORDER</A><BR> M.T.V.'s parents continued to have these concerns and had him privately tested by an independent evaluator. M.T.V. was then diagnosed with a vision impairment. The Team first determined he was eligible to continue receiving speech services based on a reevaluation conducted in February 2002. Explaining M.T.V. was due for his triennial evaluation under the IDEA and his services might no longer be appropriate given his progress. The district court first dismissed the plaintiffs' retaliation claims because they were subject to the IDEA's exhaustion requirement. The plaintiffs had neither exhausted their administrative remedies nor shown such an effort would have been futile. Have not raised those claims on appeal. We agree with the district court that both Appellants' initial and amended complaints are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986598.OPN.pdf">OPINION/ORDER</A><BR> The lawsuit is barred by the Eleventh Amendment. The factual and procedural history surrounding this case are straightforward. An English only Amendment to the Alabama Constitution was ratified. Amendment 509 states: English is the official language of the state of Alabama. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment. The courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. Other interpretive aids were officially forbidden. Naming Sandoval as the representative of the class of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0176p-06.pdf">OPINION/ORDER</A><BR> Nothing more is reported. There were a few others out there. We find there was no violation of John Doe's rights under the Act. Any disclosure is protected by the exceptions under the Act. There is no proof that anyone other than John Doe. Gibson were aware of the conversation concerning John Doe's medical status. We agree with the district court that there are no genuine issues of material fact and that defendants are entitled to judgment as a matter of law. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001690.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The IDEA is designed </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0177n-06.pdf">OPINION/ORDER</A><BR> As the school district's challenges to the jury instructions and several evidentiary rulings are unconvincing. Southerland was the victim of several instances of harassing conduct by another bus driver. Smith asked Southerland </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4NTBfb3BuLnBkZg==/03-7850_opn.pdf">OPINION/ORDER</A><BR> Hold that expert fees are compensable as costs under the IDEA. We hold prospectively that a plaintiff's application for fees for experts or consultants who perform services in IDEA actions will normally not be approved unless the application is accompanied by time records contemporaneously maintained by the person performing the services. The subsection with which we are here concerned has not. Included among the Murphys' expenses were $29. (2) although experts' fees are recoverable. (3) Arons's time records were insufficient. (4) Arons failed to establish that there was a market rate for her services. (5) Arons's fees pertaining to her representation of the Murphys during non judicial state </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19948607.OPA.pdf">OPINION/ORDER</A><BR> Are former students Honorable George C. The appellees are: the Secretary of the United States Department the Student Loan Higher Education of Education. Assistance Corporation (GHEAC). and the Georgia Higher Education This lawsuit is based upon the appellants' contention that the school fraudulently induced them to enroll in the school and to enter into federally guaranteed student loan contracts. Appellants were left with several thousand dollars in student loan debt. Financed their attendance at the school.1 The GSL program was designed to encourage private lenders to provide educational loans to students. The federal government provides private commercial lenders with a guaranty that a student's educational loan will be repaid even if the student defaults. The institution of higher education ordinarily is not a party to the loan agreement and has no role in the transaction other than to provide the lender with a statement of the student's estimated cost of attendance and financial assistance needs. Provides the private lender with a guaranty that the loan will be repaid even if the student defaults. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981481A.P.pdf">OPINION/ORDER</A><BR> Line 25 a comma is inserted after the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov99/98-6598.man.html">SANDOVAL V. HAGAN (11/30/1999, NO. 98-6598)<BR></A><BR> The lawsuit is barred by the Eleventh Amendment. We affirm the district court's judgment.</P> <P><CENTER>I.</CENTER> </P> <P> The factual and procedural history surrounding this case are straightforward. An English only Amendment to the Alabama Constitution was ratified. Amendment 509 states:</P> <P> English is the official language of the state of Alabama. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. The legislature shall make no law which diminishes or ignores the role of English as the common language of the state of Alabama.</P> <P> Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment. The courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. Other interpretive aids were officially forbidden. Naming Sandoval as the representative of the class of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/04/022608P.pdf">OPINION/ORDER</A><BR> M.P. is a sixteen year old student who is schizophrenic. Under which M.P.'s teachers were asked to monitor him for anxiety. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov99/98-6598.man.html">SANDOVAL V. HAGAN (11/30/1999, NO. 98-6598)<BR></A><BR> The lawsuit is barred by the Eleventh Amendment. We affirm the district court's judgment.</P> <P><CENTER>I.</CENTER> </P> <P> The factual and procedural history surrounding this case are straightforward. An English only Amendment to the Alabama Constitution was ratified. Amendment 509 states:</P> <P> English is the official language of the state of Alabama. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. The legislature shall make no law which diminishes or ignores the role of English as the common language of the state of Alabama.</P> <P> Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment. The courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. Other interpretive aids were officially forbidden. Naming Sandoval as the representative of the class of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may2001/99-13058.man.html">DEVINE V. INDIAN RIVER COUNTY SCH. BD. (5/2/2001, NO. 99-13058)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200110192.opn.pdf">OPINION/ORDER</A><BR> Even if a 30 day limitations period for requesting judicial review is applied to the IDEA. To ensure children with disabilities and their parents are guaranteed procedural safeguards with respect to each IEP. Among these measures is a requirement that if parents of a disabled child disagree with their local educational agency regarding the appropriateness of the child's current IEP. Informal review procedures have failed. The parents have the right to resolve the matter in an impartial due process hearing to be conducted by the agency. Factual Background Appellant is a 17 year old boy who suffers from mild mental retardation. The MDT determined Appellant's behavior was unrelated to his disability.1 The MDT's finding was then referred to Appellee's disciplinary tribunal. Section 1415(k)(5)(A) states that if the behavior of a child with a disability is determined not to be a manifestation of his or her disability. Appellant claimed he was not receiving the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may2001/99-13058.man.html">DEVINE V. INDIAN RIVER COUNTY SCH. BD. (5/2/2001, NO. 99-13058)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0301p-06.pdf">OPINION/ORDER</A><BR> Accreditation is important to a school for a number of reasons. Not the least of which is that it allows the students of the school to receive federally backed financial aid. The ABA's Council on the Section of Legal Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0079p-06.pdf">OPINION/ORDER</A><BR> Exhaustion would be futile in the circumstances of this case and therefore is not required. Because we agree that exhaustion is futile when. Damages are the only suitable remedy for the plaintiff's alleged injuries and yet damages are unavailable through the administrative process. I. BACKGROUND David Jason Covington was born on March 8. Was a special education student at the Knoxville Adaptive Education Center (KAEC) from 1990 until he graduated with a special education diploma in May 1996. Jason was locked in a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/00-3315.htm">00-3315 -- ROBINSON V. KANSAS -- 07/09/2002<BR></A><BR> Students who are not of United States origin. Students with disabilities are disproportionately enrolled. <em>See</em> School District Finance and Quality Performance Act. SDFQPA and its enforcement have a discriminatory disparate impact on such students in violation of the implementing regulations of Title VI of the 1964 Civil Rights Act. The Supreme Court held there is no private right of action to enforce disparate impact claims under the Department of Education regulations issued pursuant to section 602 of Title VI. While the language of the relevant sections of the Rehabilitation Act and Title VI are essentially identical. The Court's decision in <em>Choate</em> laid out the different aim of the Rehabilitation Act as well as the different context in which the Act was passed. <em>See Choate</em>. 469 U.S. at 296 97 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2002/01-10192.opn.html">CORY D. V. BURKE COUNTY SCH. DIST. (3/18/2002, NO. 01-10192)<BR></A><BR> Even if a 30 day limitations period for requesting judicial review is applied to the IDEA. To ensure children with disabilities and their parents are guaranteed procedural safeguards with respect to each IEP. Among these measures is a requirement that if parents of a disabled child disagree with their local educational agency regarding the appropriateness of the child's current IEP. Informal review procedures have failed. The parents have the right to resolve the matter in an impartial due process hearing to be conducted by the agency. </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/june96/94-1454.wpd.html">VILLANUEVA V. CARERE<BR></A><BR> The Parents alleged that the decisions of defendant appellee the Board of Education for Pueblo School District No. 60 (the Board) to close the schools at which their children were enrolled and. Which they have not pursued on appeal. The issues for review are (1) whether the Parents met their burden of proving either discriminatory intent. (2) whether the Act is on its face discriminatory in violation of the Equal Protection Clause. 000 students of whom almost exactly 50% are Hispanic and about 64% are minorities. Although free transportation generally is not provided to those who choose to attend schools outside their neighborhood. The Colorado Charter Schools Act authorizes local school boards to contract with interested parties to establish charter schools public schools that are managed by their sponsors and financed primarily with the local school district's funds. Is less likely to succeed in a conventional educational environment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4NTAtY3ZfYW1lbmRlZC5wZGY=/03-7850-cv_amended.pdf">OPINION/ORDER</A><BR> Hold that expert fees are compensable as costs under the IDEA. We hold prospectively that a plaintiff's application for fees for experts or consultants who perform services in IDEA actions will normally not be approved unless the application is accompanied by time records contemporaneously maintained by the person performing the services. The subsection with which we are here concerned has not. Included among the Murphys' expenses were $29. (2) although experts' fees are recoverable. (3) Arons's time records were insufficient. (4) Arons failed to establish that there was a market rate for her services. (5) Arons's fees pertaining to her representation of the Murphys during non judicial state </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2002/01-10192.opn.html">CORY D. V. BURKE COUNTY SCH. DIST. (3/18/2002, NO. 01-10192)<BR></A><BR> Even if a 30 day limitations period for requesting judicial review is applied to the IDEA. To ensure children with disabilities and their parents are guaranteed procedural safeguards with respect to each IEP. Among these measures is a requirement that if parents of a disabled child disagree with their local educational agency regarding the appropriateness of the child's current IEP. Informal review procedures have failed. The parents have the right to resolve the matter in an impartial due process hearing to be conducted by the agency. </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb96/94-9121.opa.html">DAVIS V. MONROE CTY. BD. OF ED.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Davis v. Davis' complaint for injunctive relief and compensatory damages alleged that LaShonda was sexually harassed on a continuous basis by a male. Concluding that<p> [t]he sexually harassing behavior of a fellow fifth grader is not part of a school program or activity. Any harm to LaShonda was not proximately caused by a federally funded educational provider.<p> <p> <i>Aurelia D. v. G.F.'s actions increased in severity until he finally was charged with and pled guilty to sexual battery in May 1993.<p> LaShonda reported G.F. to her teachers and her mother after each of the incidents and. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1123.01A">OPINION/ORDER</A><BR> Plumb & Murray was on brief. Drummond Woodsum Plimpton & MacMahon were on consolidated brief. Is handicapped within the meaning of the Individuals with Disabilities Education Act (IDEA). While his verbal IQ test scores are average to low average. Concluding that the sweep of the two statutes is identical for purposes of this case. The parties have briefed and argued their points solely with reference to the IDEA. We assume arguendo that the parties' assessment is accurate. His reading and mathematical calculation scores were at roughly a sixth grade level and his score in applied mathematics was at a second grade level. Daniel's eighth grade year (1990 91) was interrupted by a one month midwinter hospital stay. They also contacted the Cleveland Clinic and arranged to have Daniel undergo a series of additional educational. 2 and requested a hearing on the IEP's adequacy. 2Daniel is still in residence at Eagle Hill. The state hearing officer concluded that Portland's IEP for the 1991 92 school year was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb96/94-9121.opa.html">DAVIS V. MONROE CTY. BD. OF ED.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Davis v. Davis' complaint for injunctive relief and compensatory damages alleged that LaShonda was sexually harassed on a continuous basis by a male. Concluding that<p> [t]he sexually harassing behavior of a fellow fifth grader is not part of a school program or activity. Any harm to LaShonda was not proximately caused by a federally funded educational provider.<p> <p> <i>Aurelia D. v. G.F.'s actions increased in severity until he finally was charged with and pled guilty to sexual battery in May 1993.<p> LaShonda reported G.F. to her teachers and her mother after each of the incidents and. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200605/05-7123a.pdf">OPINION/ORDER</A><BR> With her on the brief were Robert J. Because Lesesne has failed to demonstrate that B.F. was harmed by any statutory violations DCPS might have committed. I B.F. is a mentally retarded and cannabis dependent sixteenyear old boy. The Social Services Division of the Superior Court of the District of Columbia referred B.F. to DCPS for an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/06/98-3049a.htm">98-3049A -- ANDERSEN V. UNIPAC-NEBHELP -- 06/07/1999<BR></A><BR> We have jurisdiction by virtue of 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan98/97-6256.man.html">CARTER V. THREE SPRINGS RESIDENTIAL TREATMENT (1/6/1998, NO. 97-6256)<BR></A><BR> Alabama facility was motivated by unlawful racial discrimination. Consisting of children and young adults who can be sociopathic in nature and have great difficulty telling right from wrong. Much of which is under the supervision of the facility's Program Director. The Program Director </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1999/987512.txt">OPINION/ORDER</A><BR> We hold that the IDEA did not permit reduction of tuition reimbursement to which plaintiffs are otherwise entitled based on an assessment of the relative reasonableness of the parties' conduct. We further hold that plaintiffs are entitled to reimbursement for the IEEs. The District having failed to establish that its evaluations were appropriate. 2 FACTS AND PROCEDURAL BACKGROUND Warren and Grant are both gifted students with learning disabilities. The parents were in discussions with the District over the design of appropriate IEPs for their sons but failed to reach agreement. By advising that they were withdrawing Warren and Grant from the District and enrolling them in the Janus School ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan98/97-6256.man.html">CARTER V. THREE SPRINGS RESIDENTIAL TREATMENT (1/6/1998, NO. 97-6256)<BR></A><BR> Alabama facility was motivated by unlawful racial discrimination. Consisting of children and young adults who can be sociopathic in nature and have great difficulty telling right from wrong. Much of which is under the supervision of the facility's Program Director. The Program Director </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/06/96-3025.htm">96-3025 -- MISSION GROUP KANSAS INC. V. RILEY -- 06/01/1998<BR></A><BR> For profit postsecondary institutions are statutorily barred from participating in Title IV programs unless they derive at least 15% of their gross revenues from sources other than Title IV. <u>See</u> 20 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-40704.0.wpd.pdf">OPINION/ORDER</A><BR> The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. I. FACTS AND PROCEEDINGS The W's are the parents of Charles W. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Apr2002/013690.pdf">OPINION/ORDER</A><BR> Concluding that the relief given by the ALJ was temporary in nature and did not constitute substantial relief on the merits. 1 J.O. timely appealed. I. FACTS AND PROCEDURAL BACKGROUND At the time this action was commenced. C.O. was a fifteen year old student at Orange High School in New Jersey exhibiting behavioral difficulties. Neither the parties nor the District Court dispute that C.O. was eligible for the protections of the IDEA. C.O. was suspended from school three different times for a total of more than seventy days. C.O. was only permitted in school for ten days. While C.O. was still suspended. The District Court does not appear to have ruled on these motions and thus we will treat them as denied. 3 participate in special Child Study Team evaluations. Which was reserved by the ALJ for a future final hearing. The matter was transferred to the New Jersey Office of Administrative Law and. An emergency relief hearing was held before an ALJ. The ALJ denied the Board's motion in its entirety and granted appellants' request to have C.O. immediately reinstated in Orange High School. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2867.PDF">OPINION/ORDER</A><BR> The parents of John M. have brought this case. Both sides have appealed portions of the district court decision. The facts in this case are many and detailed. We will attempt to avoid an endless and tedious recitation. During the 1999 2000 school year he was in third grade. He was in a regular classroom but received 400 minutes of special education services. Nos. 02 2867 & 02 3001 3 The parents were not happy with the proposed IEP and requested private OT and PT evaluations. Thompson believed that the District's evaluations were appropriate and rejected the request that the District pay for the private evaluation. A hearing was held before a due process hearing examiner. There was no indication that Duba did not do a good job. In all other respects the IEP was upheld. He said the parents were entitled to damages in the form of one year of compensatory occupational therapy. The use of an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/06/98-3049.htm">98-3049 -- ANDERSEN V. UNIPAC-NEBHELP -- 06/07/1999<BR></A><BR> We have jurisdiction by virtue of 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb2001/994081.txt">OPINION/ORDER</A><BR> Concluding that the policy prohibited no more speech than was already unlawful under federal and state anti discrimination laws. Held that the policy is constitutional and enter ed judgment for the school district. The full text of the Policy is reproduced in the Appendix to this opinion. We will briefly review the most relevant portions here. Nurturing school environment </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/02116460F9C6A3B888256BC7008204D1/$file/0056438.pdf?openelement">OPINION/ORDER</A><BR> Who is generally considered gifted. Who is doing very poorly in school. Its conclusion that she is not disabled. The parents believe that Amanda is entitled to special education services under IDEA for a condition described as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/08/993590P.pdf">OPINION/ORDER</A><BR> Sitting by designation. 2 1 FACTS Brenda Birmingham is mentally handicapped and suffers from cerebral palsy. Was abusing her. Brenda was placed in ADHS protective custody. The Boone County Probate Court held a hearing to determine whether Brenda was competent to choose where to reside. The Probate Court concluded that she was. Rose was not notified in writing of the meeting. The school denied her request on the grounds that Brenda was eighteen yearsold. Was in protective custody. School officials consulted Brenda's ADHS social worker and determined that it was in Brenda's best interest to graduate with the current class so that she could focus on learning independent living skills in a community independent living program. Was graduated on May 25. Rose was not given prior written notice of the school's decision to graduate Brenda. It is clear from those facts that the IDEA was violated. Unless doing so is inconsistent with state law. That a disabled student may graduate before one of these requirements is met if procedural safeguards are followed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1005.01A">OPINION/ORDER</A><BR> Was on brief. Were on brief. The letter stated that Emily's absences were due to a significant family disruption. The Raffertys were having marital difficulties. While Emily was still in Kentucky. Stating that Emily was no longer enrolled in the District. McWalters reasoned that although there was evidence supporting the District's argument that Emily was sent to Kentucky because Rafferty was ill and unable to care for her. A showing that potentially could entitle Rafferty to reimbursement for the private school tuition.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1920VOL1.01A">OPINION/ORDER</A><BR> Was on brief. Middleton</SPAN> were on brief. Were on brief. The Blind Vendors' claim is that New Hampshire did not give proper </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6AE9AA8F2645CE5088256D9D00514523/$file/0215743.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This appeal presents the question of whether an Arizona high school district is an arm of the state entitled to Eleventh Amendment immunity from suit in federal court for alleged violations of the Americans with Disabilities Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200210360.pdf">OPINION/ORDER</A><BR> Circuit Judge: The issue presented in this case is whether the Eleventh Amendment prevents a disabled person from suing a state university under Title II of the Americans with Disabilities Act. FIU alleged that the appellants' claim was barred by the Eleventh Amendment. Sitting by designation. 1 FIU is a public university funded by the State of Florida. 2 States intervened pursuant to 28 U.S.C. � 2403(a) to defend the constitutionality of the abrogation of Eleventh Amendment immunity in Title II of the ADA. This appeal was stayed pending the Supreme Court's decision in Tennessee v. Standard of Review The granting of a motion to dismiss based upon Eleventh Amendment Immunity is subject to de novo review. I.e. whether the statutory provision removing Eleventh Amendment immunity for private suits under Title II of the ADA is a valid exercise of Congress's authority under Section 5 of the Fourteenth Amendment. � 5 [of the Fourteenth Amendment] authorizes it to enact prophylactic legislation proscribing practices that are discriminatory in effect. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051759np.pdf">OPINION/ORDER</A><BR> We will affirm. Who are familiar with the facts. We will not recite them except as necessary to the discussion. Was a 16 year old ninth grade student in the fall of 2002 at the School District of Pittsburgh's ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june95/94-8607.opa.html">BARTELS V. ALABAMA COMMERCIAL COLLEGE<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Bartels v. Are former students of the now defunct Alabama Commercial College that did business as Riley Training Institute of Savannah. The appellees are: the Secretary of the United States Department of Education. This lawsuit is based upon the appellants' contention that the school fraudulently induced them to enroll in the school and to enter into federally guaranteed student loan contracts. Appellants were left with several thousand dollars in student loan debt. </i> financed their attendance at the school.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/11/99-4130.htm">99-4130 -- SINAJINI V. BOARD OF EDUCATION OF THE SAN JAUN SCHOOL DISTRICT -- 11/30/2000<BR></A><BR> Circuit Judge. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0299p-06.pdf">OPINION/ORDER</A><BR> I. BACKGROUND The background of this case is thoroughly discussed in the findings of fact of the district court. CFE's basic complaint is that MHSAA discriminates against female high school athletes by scheduling girls' sports to play in disadvantageous. Our task is now to reevaluate this claim in light of the Supreme Court's GVR. CFE responds by contending that Rancho Palos Verdes does not apply to the present case and that CFE is therefore entitled to prevail under both Title IX and � 1983. Standard of review Constitutional and statutory interpretation questions are issues of law. Or recent developments that we have reason to believe the court below did not fully consider. A GVR order is . . . potentially appropriate. 167 (1996) (holding that a GVR is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9CDD7D7662BE97F488256E5A00707D50/$file/9956784.pdf?openelement">OPINION/ORDER</A><BR> Is amended by adding a footnote 4 after the first sentence of the second full paragraph on page 893 of the opinion. Footnote 4 should read as follows: We are aware that California allows federal courts to certify questions of state law to the California Supreme Court. The numbers of all subsequent footnotes are changed accordingly. Violate the First Amendment and the Fourteenth Amendment by failing to define clearly when and how much use of nonEnglish will expose educators to personal liability. Plaintiffs request this Court to declare that section 320 is unconstitutionally vague on its face. Is sufficiently clear to withstand Plaintiffs' facial vagueness challenge. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0119p-06.pdf">OPINION/ORDER</A><BR> File Name: 00a0119p.06 Because plaintiffs have failed to show that the IEP is inappropriate. They are not entitled to reimbursement for the costs of B.J.'s DTT program. Because B.J. was offered a FAPE. The district court was correct in dismissing the remaining claims. The judgment of the district court is affirmed. I. B.J. was born on November 15. His parents noticed that his language skills were significantly delayed. When he was three. B.J. was evaluated by a Multidisciplinary Evaluation Team ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan96/94-2629.opa.html">MAYNARD V. WILLIAMS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Maynard v. Mathis and two others brought suit under 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/02/00-1145.htm">00-1145 -- CONCRETE WORKS OF COLORADO INC. V. CITY AND COUNTY OF DENVER -- 02/10/2003<BR></A><BR> Denver has amended the ordinance twice since this lawsuit was initiated but it remains essentially unchanged for purposes of this case. <p> In 1993. A bench trial was held and the district court entered judgment in favor of CWC on its claims for injunctive and declaratory relief. <em>See Concrete Works of Colorado. CWC's entitlement to damages was reserved and the district court directed entry of judgment under Rule 54(b) of the Federal Rules of Civil Procedure. <em>See</em> <em>id</em>. at 1044. Anecdotal evidence which are discussed respectively in subsections IV.A. <a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/84933D9DD4C7A62288256BCC006A7D35/$file/0036096.pdf?openelement">OPINION/ORDER</A><BR> Twenty five percent of all moneys received from national forests within their borders to be spent as the state legislature prescribes for the benefit of public schools and public roads of counties in which a national forest is situated. 16 U.S.C. � 500. The district court held that neither the parents nor school districts have standing. School districts are a political subdivision of the state. Have standing is a closer question. We conclude that they have sufficiently shown injury in fact. That their ability to redress concerns about their children's education through the requested relief is problematic because the connection between � 500 and the quality of education delivered by any particular district is attenuated. Section 500 provides that federal forest funds are to be paid to the state. I Stephen and Marile Kunkel have four children who attend public school in the Okanogan School District.1 The district is in a county that has forest land which belongs to the federal government. National forest property is not taxable by the county. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200507/04-7116a.pdf">OPINION/ORDER</A><BR> Iseman was on brief. Were on brief. An award of expert witness fees to a party prevailing under the IDEA is not so limited. The question before us thus is whether </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1538.PDF">OPINION/ORDER</A><BR> After the relevant IEP was developed. Explained: No. 02 1538 3 [Eron] is a patient in our Muscular Dystrophy Clinic and has been under our care since 1992. This is a genetic metabolic disorder of the muscles that typically begins in childhood and progresses through adulthood. The characteristics of this disease are muscle fatigue. These patients will often develop dark burgundy colored urine from the abnormal presence of myoglobin (a muscle protein) which is released by the muscles following physical activities that exceed their limitations. Kidney and permanent muscle damage can occur as a result of this and vigorous exercise is to be avoided. Eron was scheduled to participate in physical education during his second (and final) semester at the Freshman Center. The McCormicks submitted several recommendations from doctors that advised Eron to be cautious when exercising and to stop anytime he was winded or felt muscle pain. He would receive a failing grade in physical education and would have to repeat the ninth grade. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200412/02-7126a.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june95/94-8607.opa.html">BARTELS V. ALABAMA COMMERCIAL COLLEGE<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Bartels v. Are former students of the now defunct Alabama Commercial College that did business as Riley Training Institute of Savannah. The appellees are: the Secretary of the United States Department of Education. This lawsuit is based upon the appellants' contention that the school fraudulently induced them to enroll in the school and to enter into federally guaranteed student loan contracts. Appellants were left with several thousand dollars in student loan debt. </i> financed their attendance at the school.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/September2004/033309np.pdf">OPINION/ORDER</A><BR> This appeal is from the entry of judgment in favor of H.W. and his wife on a claim for reimbursement of expenses incurred in a unilateral placement of their 2 daughter. Because the facts are well known to the parties and were exhaustingly developed in lengthy administrative proceedings. We will refer to them only as necessary to the understanding of the legal issues. She was classified as perceptually impaired and diagnosed as suffering from Attention Deficit Hyperactivity Disorder. A teacher who was familiar with Asperger's Syndrome. Two para professionals would be present with the likelihood that a third would be added if A.W. were enrolled. A.W. attended mainstream lunch and it was planned that she would also attend mainstream physical education and synagogue. The parents' claim is for their expenditures at the Sinai School for the school years beginning in September 2000. Concluding that Sinai was an appropriate placement and that A.W. had shown improvement there. Defendant's expert findings based on a 1996 test were inconsistent with those of other examiners. 2. 3. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/08/00-6128.htm">00-6128 -- EARLS V. BOARD OF EDUCATION OF TECUMSEH PUBLIC SCHOOL DISTRICT -- 08/26/2002<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992389R2.P.pdf">OPINION/ORDER</A><BR> The motion to reconsider is denied by a vote of 6 5 (Chief Judge Wilkinson and Judges Niemeyer. That stay is now lifted. The motion of the Belk plaintiffs for a stay of the mandate is denied. Concurring in the denial of reconsideration: The matter of attorneys' fees has been extensively debated in the en banc decision of the court and I have no desire to belabor it. Is not warranted with respect to the unitary status determination. Such a departure is not justified for the simple reason that Congress has not authorized it. There is no such authority here. What we have here. Is the exact opposite of a � 1983 action. The essence of a � 1983 action is that the defendant has violated the plaintiff's federal rights under color of state law. The entire point of a unitary status determination is to prove that the school district is in compliance with federal law. Congress has simply not authorized us to impose attorney's fees on a party whose actions have been adjudged compliant with federal statutes and our Constitution. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991609.P.pdf">OPINION/ORDER</A><BR> By a party aggrieved by a state administrative agency decision is an original civil action or an appeal. We find that such an action is an original civil action governed by the Federal Rules of Civil Procedure. A Lenoir County administrative law judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/08/054372P.pdf">OPINION/ORDER</A><BR> All Medicare eligible costs incurred by a provider hospital were reimbursed on a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0048n-06.pdf">OPINION/ORDER</A><BR> This is an immigration case in which the alien petitioner Xiu Ming Chen. Thus the Immigration Judge's decision is the final agency order for purposes of review. Despite evidence that she was not allowed to continue her education because of her parents' criminal convictions for violating China's family planning policy and fraud. For which they were The Honorable James G. She was apprehended immediately. Who have four children. For which her father was fined 5. Chen's parents were later convicted of fraud for a bait and switch scheme unrelated to the family planning violation. Chen's father was arrested in October. Her mother fled and was not found and arrested until 1996. Both Chen's parents were sentenced to jail for one year as a result of these convictions. 1 This Court has jurisdiction to review the denial of asylum under 8 U.S.C. � 1252(a)(1). 2 The Immigration Judge found that Chen's parents were political criminals in the sense that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july96/94-2234.opa.html">WOLFE V. CHATER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Wolfe v. We also find that the district court erred by not finding that there was insufficient evidence for the ALJ to hold that the claimant's educational level was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/03/972633P.pdf">OPINION/ORDER</A><BR> Were refused reimbursement for the cost of Scott's private school placement and claim that * * * * * * * * * * * * * * * * * Appeal from the United States District Court for the Eastern District of Missouri. this was a denial of the free appropriate public education guaranteed by the Individuals with Disabilities Education Act (IDEA). Louis County (SSD) to see if Scott was eligible for home schooling. Although the SSD informed the Schoenfelds that he was eligible. Under the intervention plan Scott began to have less trouble at Parkway. He tested in the seventieth percentile on the Stanford Achievement Test which was at or above the level predicted by his aptitude testing in particular subjects. Welner and called Parkway to have his records transferred. When 3 their request for reimbursement of the cost of Scott's placement at Logos was refused. Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Under IDEA strong preference is given to public school mainstreaming. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971480.P.pdf">OPINION/ORDER</A><BR> Section 2 the appellees are corrected to read: JAMES S. Circuit Judges. Judge Russell participated in the decision of this case but died before the opinion was issued. The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. � 46(d). We reverse because offices providing services to disabled students at public colleges are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200214469op2.pdf">OPINION/ORDER</A><BR> The plaintiffs filed this class action on behalf of all Florida citizens who have been convicted of a felony and have completed all terms of their incarceration. Parole but who are barred from voting under the state's felon disenfranchisement law.2 The defendants are members of Florida's Clemency Board.3 II. A felon who has completed his sentence may apply for clemency to have his civil rights restored. The requirement of a hearing is insufficient to support the plaintiffs' claim. We say nothing about whether conditioning an application for clemency on paying restitution would be an invalid poll tax. 2 Approximately seventy percent of the plaintiffs class is white. The Clemency Board is made up of the Governor of Florida and members of the Cabinet. Summary judgment is appropriate when </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E705412FFC3CB9568825734F0057F0E8/$file/0415984.pdf?openelement">OPINION/ORDER</A><BR> To an officer or employee of the United States Government . . . a false or fraudulent claim for payment or approval </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200211303.opn.pdf">OPINION/ORDER</A><BR> The question before us is whether Title IX implies a private right of action in favor of individuals who. Suffer retaliation because they have complained about gender discrimination suffered by others. The facts stated in appellant's complaint and all reasonable inferences therefrom are taken as true. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/June1994/94a0741p.txt">OPINION/ORDER</A><BR> We have jurisdiction over Ortiz's appeal pursuant to 28 U.S.C. � 1291. We will affirm. 000 voters) were slated to be purged from Philadelphia's registration rolls for failing to vote. No appeal was taken. This request was denied by order of the district court on October 6. Ortiz's appeals were dismissed for failure to prosecute. A four day trial was held to determine whether a permanent injunction should issue. Recognizing that African American and Latino voters are purged at disproportionately higher rates than their white counterparts. A. A district court's conclusion that a challenged electoral practice has a discriminatory effect is a question of fact subject to review for clear error. 79 (1986) (recognizing that determination of whether or not political process is equally open to minority voters </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200015142.OPN.pdf">OPINION/ORDER</A><BR> Judy Weaver was the Director of Finance of Flagler Career Institute ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200015142.OP2.pdf">OPINION/ORDER</A><BR> Judy Weaver was the Director of Finance of Flagler Career Institute ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/022416.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. We conclude that the evidence was insufficient to establish that Bhella was subjected to an objectively hostile work environment. A. Surjit Bhella was born in India. Bhella was hired in January 1989 as a civilian employee at the Naval Consolidated Brig that was then under construction in Charleston. Bhella conducted surveys among the prisoners while they were housed at the Brig and after they were released. No one was performing that function at the Brig. The Brig is headed by a Commanding Officer ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july96/94-2234.opa.html">WOLFE V. CHATER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Wolfe v. We also find that the district court erred by not finding that there was insufficient evidence for the ALJ to hold that the claimant's educational level was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/01/964214P.pdf">OPINION/ORDER</A><BR> Because we find that E.S. was receiving a free appropriate public education as required by the IDEA. As E.S. was entering the fourth grade. Testing indicated that E.S.'s broad reading skills were at a 3.0 grade level equivalent. Her reading comprehension was at a 3.2 grade level. Her broad written language was at a 2.7 grade level and her writing skills were at a 2.1 grade level. E.S. was reassessed. The reassessment tests indicated that E.S.'s broad reading skills were now at a 3.8 grade equivalent. Her broad written language was at a 3.1 grade level and her In June 1997. United States District Judge for the District of Minnesota. 23 2 writing skills were 3.8 grade equivalent. Stein was apparently pleased with the progress she perceived from those tutoring sessions. Proposed placing her in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0319n-06.pdf">OPINION/ORDER</A><BR> Because the Commissioner's conclusion that Potter is not disabled is supported by substantial evidence. The judgment of the district court is affirmed. Potter claimed that she was unable to work because of her learning disability.1 Potter received a hearing before an ALJ in 2005. The ALJ found that Potter's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3D53D4D521AC3E2F88256B0A0078DF83/$file/9956784.pdf?openelement">OPINION/ORDER</A><BR> Is amended by adding a footnote 4 after the first sentence of the second full paragraph on page 893 of the opinion. Footnote 4 should read as follows: We are aware that California allows federal courts to certify questions of state law to the California Supreme Court. The numbers of all subsequent footnotes are changed accordingly. Violate the First Amendment and the Fourteenth Amendment by failing to define clearly when and how much use of nonEnglish will expose educators to personal liability. Plaintiffs request this Court to declare that section 320 is unconstitutionally vague on its face. Is sufficiently clear to withstand Plaintiffs' facial vagueness challenge. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001732.U.pdf">OPINION/ORDER</A><BR> Is deleted and is replaced with the following: Lewin argues that these pre Lewin I denials of access had not accrued into a full fledged FERPA � 1232g(a)(1)(A) violation because EVMS had not yet manifested a policy of denying access to records. He could not have brought the claim in that suit. Even if EVMS must have manifested a policy of denial in order for a � 1232g(a)(1)(A) claim to accrue. Motion for judgment filed in Norfolk Circuit Court (which was subsequently removed to federal court). Unpublished opinions are not binding precedent in this circuit. Which were wrong according to the answer key. Were in fact correct. Lewin essentially sought to have a federal court determine. Whether chlorothiazide or furosemide is the most appropriate treatment for congestive heart failure. Suffice it to say that the factual and legal history leading up to this case is long and complicated. It is set forth in the district court opinion. I. The primary thrust of Lewin's current complaint is that the defendants conspired to withhold information from him regarding the pharmacology exam and the circumstances of his dismissal from school. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1477.01A">OPINION/ORDER</A><BR> Jr. with whom Graham & Graham was on brief for appellants. Was on brief for appellee Massachusetts Department of Education. With whom Paroshinsky Law Offices was on brief for appellee Mohawk Trail Regional District. This appeal was BOWNES. 20 U.S.C. 1400 et seq. (1996) to resolve the question of whether a disabled student in a private school is entitled to the on site services of a one to one aide provided by the public school system. (Thomas) is a fourteen year old. Thomas argued that the LEA was not only permitted to fund an aide at the private school. The LEA maintained that its statutory obligations under the IDEA were fulfilled by offering Thomas a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/10/043192P.pdf">OPINION/ORDER</A><BR> Which held that Laura Susan Reynolds's student loans were discharged in bankruptcy. Reynolds contends that undue hardship is not a strictly pecuniary test and that the bankruptcy court correctly held that the detrimental effect of the loans on Reynolds's precarious mental health warranted discharging the debts. She was treated by a psychiatrist for agoraphobia and depression. She was able to make up the missed coursework and to graduate cum laude in 1992. She passed the Colorado bar exam and was admitted to practice law in that state. She was never The Honorable Ann D. She is married. She was only able to make the payments by paying for </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTYyNTdfb3BuLnBkZg==/03-6257_opn.pdf">OPINION/ORDER</A><BR> United States Secretary of Education Margaret Spellings is automatically substituted for former United States Secretary of Education Dr. Oren Doron are public service attorneys employed by New York City's Administration for Children's Services ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1701.01A">OPINION/ORDER</A><BR> PLC were on brief for appellant. Wright were on brief for appellees. The background events and the proceedings in the district court are as follows. Wills sought out Adesogan in his office because she was having difficulty in the course. Who was then associate dean of academic affairs and had special responsibility for sexual assault or harassment claims. Rothman was mistaken. Who was enrolled in his section and had come to meet with him for help. Who was acting as an ombudswoman for Brown to oversee sexual harassment services. Lawler who may have known few details did not further advise the provost or anyone else in Brown's administration. Romer reported the matter to her immediate superior but it was not carried further. Adesogan entered a drugstore where Wills was working. Wills enrolled in another chemistry course and discovered that Adesogan was the teacher. 000 was later entered against Adesogan. Which was a part of the same count III). This theory was explicitly set forth in count IX based on Title IX (and by implication in count VII under the state civil rights statute). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan96/94-2629.opa.html">MAYNARD V. WILLIAMS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Maynard v. Mathis and two others brought suit under 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3377_020.pdf">OPINION/ORDER</A><BR> McKissic also contends that he should have been given notice that the court was contemplating such special conditions. It was determined later that the weapon was only a pellet gun. Was apprehended by the police a few blocks away. McKissic had dropped out of high school during his senior year and does not have a high school diploma. Including a 2001 conviction for domestic battery for which he was on probation when he committed the bank robbery. The court noted that it was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961814.P.pdf">OPINION/ORDER</A><BR> The victim alleges that these rapes were motivated by her assailants' discriminatory animus toward women and sues them pursuant to the Violence Against Women Act of 1994. Morrison immediately asked Brzonkala if she would have sexual intercourse with him. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/996245.P.pdf">OPINION/ORDER</A><BR> Although the determination that Morgan should be forcibly medicated was reached in the context of an administrative proceeding conducted pursuant to Federal Bureau of Prisons ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc1MzZfb3BuLnBkZg==/03-7536_opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: This action was commenced in October 1996 on behalf of a group of disabled students in the Central Islip Union Free School District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/lognameprint.php">OPINION/ORDER</A><BR> Jerome Wayne Johnson</td> <td align=left valign=top>03 13595 / 03 00036 CR J 25 TEM</td> <td align=left valign=top><font color=red>07 12 2004</font></td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr> <td align=left valign=top>In re: Will C. Bowman</td> <td align=left valign=top>02 13050 / 01 01345 CV BU E</td> <td align=left valign=top><font color=red>08 13 2003</font></td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr> <td align=left valign=top>In re: Will C. Whose name in this complaint will be Dakota Allen v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/08/01-2157.htm">01-2157 -- MCCOOK V. SPRINGER SCHOOL DISTRICT -- 08/05/2002<BR></A><BR> Have been frequent and outspoken critics of Defendants since 1997. He </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CB1C246E174F2D0E88256AA80080CABE/$file/9915857.pdf?openelement">OPINION/ORDER</A><BR> We conclude that the district court properly granted summary judgment for McClatchy on the ground that Thornton presented no genuine issue of material fact showing that she was disabled within the meaning of the ADA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0728n-06.pdf">OPINION/ORDER</A><BR> Who is disabled. Were barred by a two year statute of limitations and that the Cavanaughs were not entitled to attorney fees. That the Cavanaughs were entitled to neither compensatory education nor attorney fees. Were time barred. Because non attorney parents cannot represent their child in an IDEA action and because Kyle's right to a FAPE was not a right that he shared jointly with his parents. The Cavanaughs retained counsel and submitted a supplemental brief arguing that Kyle was denied a FAPE because his Individualized Educational Program was poorly written and did not contain clear standards with which to measure his progress. Neither describes these records nor explains why they are important. Cavanaugh's affidavit does not elaborate on precisely why the records are important. They would have been an important part of the record I would have presented in my due process actions and my subsequent court appearances. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug97/94-9121.ma2_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0096p-06.pdf">OPINION/ORDER</A><BR> At the time the lawsuit was filed. The court held that Plaintiffs had not alleged that Defendants adopted or adhered to the 25 percent rule because of rather than in spite of its disparate impact on females and that sheer disparate impact is insufficient to demonstrate an equal protection violation. While Plaintiffs' first appeal was pending in this Court. The Kentucky General Assembly amended the statute regulating discriminatory effect is a requirement of Title IX. Because Defendants are charged with knowledge of the law. It follows that remand is appropriate to determine whether Defendants were deliberately indifferent to Plaintiffs' Title IX rights. I would reverse the district court's dismissal of Plaintiffs' claims of monetary relief and remand for a determination of whether Defendants were deliberately indifferent to Plaintiffs' Title IX rights in accordance with Davis. I would also reserve judgment as to whether Plaintiffs were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/03/963333P.pdf">OPINION/ORDER</A><BR> At issue in this appeal is the entitlement to majority tominority [M to M] payments and the amount each school district would receive pursuant to the settlement agreement. the settlement agreement provides in part: [A]ll M to M payments generated by Interdistrict School students paid by the State to LRSD and PCSSD (including payment to each district as sending district and receiving district). Will be pooled for the education of all Interdistrict School students. The instructional budgets of the Interdistrict Schools will be equalized. The amount of LRSD's and PCSSD's financial contribution to the pool is calculated in accordance with Paragraph O of the Settlement Agreement.[There is no dispute as to the methodology for calculating these amounts.]. The total amount of funds in the pool for a given year is then divided by the total 4Paragraph O of number of M to M students in the interdistrict schools in both districts to arrive at an equalized. The equalized per student dollar amount is then multiplied by the number of M to M students hosted by that district in its interdistrict schools to determine the amount of the pooled funds to which each district is entitled. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug97/94-9121.ma2_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/81A5A32BDD0F2E888825700C007E9348/$file/0171623.pdf?openelement">OPINION/ORDER</A><BR> Fletcher Alberto Gonzales is substituted for his predecessor. Zhang's petition for review presents a question of first impression in this court: is a child of a parent who was forcibly sterilized automatically eligible for asylum under 8 U.S.C. � 1101(a)(42)(B)? We hold that she is not. Zhang did not suffer persecution and that she does not have a well founded fear of future persecution upon returning to China. We hold that the BIA's determination is not supported by substantial evidence. I. Background Xue Yun Zhang was fourteen years old in April 2000 when she left China for the United States. The Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D5B2E40D0FA000ED88257062004E732B/$file/0335677.pdf?openelement">OPINION/ORDER</A><BR> Chief Judge: This is an action by the mother of a child with autism. Because there were no administrative remedies available for her to exhaust. Plaintiff Cheryl Blanchard's son is enrolled in a special education program provided by the Morton School District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200503/04-5317a.pdf">OPINION/ORDER</A><BR> With him on the briefs were Peter D. With him on the briefs were Stephen J. With him on the brief were Irvin B. Schaeffer were on the brief for amici curiae Americans United for Separation of Church and State in support of affirmance. The issue in this appeal from an order granting summary judgment in favor of the American Jewish Congress ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001156.U.pdf">OPINION/ORDER</A><BR> HICKEY Unpublished opinions are not binding precedent in this circuit. We conclude that this action is not precluded by any failure by the Sandlers to notify the Board of their intention to enroll Jacob in nonpublic school. The IDEA is designed </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3731_010.pdf">OPINION/ORDER</A><BR> Their success on the merits was de minimis. I. Background William A. is an autistic child who attends the Rice Lake Area School District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0102p-06.pdf">OPINION/ORDER</A><BR> Which made a notable ruling that defendant appellant Tennessee Secondary School Athletic Association ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-2273.01A">OPINION/ORDER</A><BR> Lobe & Rees was on brief for appellants. Sayward and Loughman were on brief for appellee. * Of the U.S. Senior Circuit Judge: The parents of a child with learning disabilities who is entitled to individualized education in the public schools sought reimbursement for the cost of a private school for a two year period during which the parents removed their child from the public school system. Believing that the educational program offered by the school district during that period was inappropriate. Finding that the program offered by the school district for those years was a free appropriate public education as envisioned by the relevant statute. Although the parents may not have waived their claims of procedural violations. This education will be provided in the least restrictive environment with children who are not disabled. 20 U.S.C. 1412(5)(B). The 2 Act requires the state to establish and maintain certain procedures </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054490np.pdf">OPINION/ORDER</A><BR> We will affirm the decision of the District Court. Marissa is a learning disabled child under the IDEA. We explained that a school district should not have to reimburse parents for education expenses before the district receives sufficient notice. Marissa's is not such a case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1746.01A">OPINION/ORDER</A><BR> Murray</U> were on brief. MacMahon</U> was on brief. This appeal is brought by Mrs. That the hearing officer was wrong on the substance that the IEPs were adequate. B. did not have to reimburse Rome for payments it had made for the tuition and related expenses in those two years. <U>See</U> <U>Town of Burlington</U> v. <U>Dep't of Educ.</U>. This holding was independent of the holding on the adequacy of the IEPs.</FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CE08057BF6F39DF3882571E0004AA906/$file/0416247.pdf?openelement">OPINION/ORDER</A><BR> Relators have raised allegations that the University of Phoenix knowingly made false statements. One of these requirements is a ban on incentive compensation: a ban on the institution's paying recruiters on a per student basis. This requirement is meant to curb the risk that recruiters will </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-2348.01A">OPINION/ORDER</A><BR> Plumb & Murray were on brief. Although we disagree with the district court's determination that the Verhoevens' motion was moot. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTEyNDAtY3Zfb3BuLnBkZg==/05-1240-cv_opn.pdf">OPINION/ORDER</A><BR> We hold that OPA is entitled to such access and information pursuant to the Protection and Advocacy for Individuals with Mental Illness Act. The Act was commonly referred to by the acronym </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/lognameprint2.php">OPINION/ORDER</A><BR> Whose name in this complaint will be Dakota Allen v. Bowman</td> <td align=left valign=top>02 13050 / 01 01345 CV BU E</td> <td align=left valign=top><font color=red>08 13 2003</font></td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr> <td align left valign=top>In re: Will C. Cohen</td> <td align=left valign=top>03 13162 / 02 23079 CV KMM</td> <td align=left valign=top><font color=red>07 08 2004</font></td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr bgcolor=cccccc> <td colspan=3> </td> </tr> <tr> <td align left valign=top>In re: Will C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044705p.pdf">OPINION/ORDER</A><BR> May award reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/03/051082P.pdf">OPINION/ORDER</A><BR> We will refer to Joshua as Josh throughout the remainder of this opinion. 1 appeals from the district court's2 judgment on the administrative record that Independent School District No. 11. Josh was a fourteen year old disabled student receiving special education and related services at Anoka High School. Josh is entitled to receive special education services pursuant to the IDEA. They were unable to meet the August 1 target date. The IHO awarded Josh compensatory education for that period of time during the first quarter of the 2001 02 school year when he was not provided with 150 minutes per week of direct speech services and 30 minutes per week of direct occupational therapy services. Concluded that the District failed to call certain meetings that were required under Minnesota law after such interventions. Whether a school district has provided a student with a FAPE is a mixed question of fact and law. The Supreme Court held that the burden of persuasion in an administrative hearing challenging an IEP is properly placed upon the party seeking relief. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb1997/97a1527p.txt">OPINION/ORDER</A><BR> This case is before this court on appeal from an order of the district court granting summary judgment on all counts to the appellees in this antitrust action brought against them by the Massachusetts School of Law at Andover. An examination of the parties and conduct in question is first necessary. A national professional organization of attorneys whose membership is open to members of any bar in the United States. There were 177 ABA accredited law schools in the United States and over 50 unaccredited schools with some form of state approval such as MSL enjoys. Many states have methods of satisfying the legal education requirement other than graduation from an ABA accredited school. The AALS is an association of 160 law schools which serves as a learned society for law schools and legal faculty and as a representative of the law school community with the federal government and other education organizations. D.C. have granted petitions of graduates of MSL to take the bar. The ABA allows graduates of non accredited schools to join the ABA once they are admitted to a bar and does not prohibit its members from hiring or otherwise dealing with graduates of such schools. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0232n-06.pdf">OPINION/ORDER</A><BR> Amy is disabled. Individual members of the EHOESC. 2 1 they are entitled to relief pursuant to the IDEA as well as other federal statutes and state laws. The Defendants assert that the plaintiffs' claims are without merit because Mr. and Mrs. I. BACKGROUND Amy S. who was twelve years old at the time that this lawsuit was filed has Asperger's Syndrome. Was home schooled. The Parents felt that Amy was ready to go back to school after a period at home. An Individualized Education Program ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DC8B190EFF3ECCC688256E5A00707C52/$file/9915857.pdf?openelement">OPINION/ORDER</A><BR> We conclude that the district court properly granted summary judgment for McClatchy on the ground that Thornton presented no genuine issue of material fact showing that she was disabled within the meaning of the ADA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/02/961987P.pdf">OPINION/ORDER</A><BR> At issue is whether the IDEA requires the The district court1 granted Cedar Rapids Community School District to provide Garret F. with continuous nursing services while he is in school. summary judgment in favor of Garret The Honorable Lyle E. Cedar Rapids Division. 1 finding that the necessary services were not within the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/12/01-4200.htm">01-4200 -- SINAJINI V. BOARD OF EDUCATION OF THE SAN JUAN COUNTY SCHOOL DISTRICT -- 12/13/2002<BR></A><BR> Background</u> <p> This appeal arises out of a federal civil rights action the parties have litigated for almost thirty years. The United States was also a party to the 1997 Consent Decree and agreed not to commence a contemplated discrimination suit before complying with certain dispute resolution provisions. <u>Id.</u> at 322. The district court awarded limited attorneys' fees to the plaintiffs. <p> This is the second appeal of an award of attorneys' fees in the matter. We find an abuse of discretion </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec2002/02-11578.opn.html">GEORGIA STATE DEP'T OF EDUC. V. DERRICK C. (12/10/2002, NO. 02-11578)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july98/97-8915.man.html">DOE V. DEKALB COUNTY SCH. DIST. (7/17/1998, NO. 97-8915)<BR></A><BR> Who is infected with HIV. Because it fears that Doe might have blood to blood contact with one of his sometimes violent students. The District has </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Sept2003/022056a2.pdf">OPINION/ORDER</A><BR> 2003 ) SECOND ORDER AMENDING SLIP OPINION IT IS HEREBY ORDERED that the slip opinion filed August 19. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2001/00-14340.opn.html">JOHNSON V. BD. OF REGENTS OF THE UNIV. OF GEORGIA (8/27/2001, NO. 00-14340)<BR></A><BR> The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse student body. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan97/95-8111.ma2.html">HARRIS V. BOARD OF ED.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Harris v. Jerome Harris filed this civil rights action against the Board of Education of the City of Atlanta ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2003/021665p.pdf">OPINION/ORDER</A><BR> Daniel Walz was a student in pre kindergarten in the spring of 1998. There was usually an exchange of small gifts. The children's parents were encouraged to donate gifts to the local Parent Teacher Organization. [our student body is] very diverse. Kids would see other kids doing it and feel they have to do it. Walz had purchased the pencils at a local store because she thought 3 the pencils were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1996/96a1319p.txt">OPINION/ORDER</A><BR> We are asked to decide whether a policy adopted by the Black Horse Pike Regional Board of Education that allows a vote of the senior class to determine if prayer will be included in high school graduation ceremonies is constitutional. For the reasons that follow we hold that this policy is inconsistent with the First Amendment of the United States Constitution. We will affirm. These prayers have historically been delivered by local clergy on a rotating basis in an attempt to afford different denominations the opportunity to be represented. Two policies were presented to the Board at its May 23. The other proposal would not have allowed </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan97/95-8111.ma2.html">HARRIS V. BOARD OF ED.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Harris v. Jerome Harris filed this civil rights action against the Board of Education of the City of Atlanta ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-5321a.html">OLDHAM NAN M. V. KOREAN AIRLN CO LTD<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1BE8075CFC021E4F88256E5A00707C84/$file/9956784.pdf?openelement">OPINION/ORDER</A><BR> Violate the First Amendment and the Fourteenth Amendment by failing to define clearly when and how much use of nonEnglish will expose educators to personal liability. Plaintiffs request this Court to declare that section 320 is unconstitutionally vague on its face. Is sufficiently clear to withstand Plaintiffs' facial vagueness challenge. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sep1999/982096o.txt">OPINION/ORDER</A><BR> District Judge ORDER AMENDING OPINION It is ordered that the slip opinion in the above case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982503.P.pdf">OPINION/ORDER</A><BR> Line 3 the district court number is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/12/962047P.pdf">OPINION/ORDER</A><BR> The question presented is whether the District is entitled to have enforced that provision of the 1989 settlement agreement which calls for the dismissal of the case with prejudice. We hold that it is. The District Court is directed to approve the parties' 4 settlement agreement as written by them. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043653p.pdf">OPINION/ORDER</A><BR> Circuit Judge This is an insurance coverage dispute arising out of a lightning strike and fire that damaged Keil Hall on the campus of Mercersburg Academy. Is a private secondary and college preparatory boarding school located in Mercersburg. Keil Hall is a building located on the Mercersburg campus that was constructed over a century ago. The fourth floor was designed and constructed for dormitory use as well. That floor was used as attic and storage space. Was cordoned off from students.1 The chimney of Keil Hall was struck by lightning on June 13. While the dormitory rooms on the fourth floor were unoccupied at the time of the fire due to declining enrollment. (2) additional costs to repair the building that were made necessary to bring the building in compliance with applicable laws and various building codes. ] . . . we will pay for loss to the undamaged portion of the building caused by enforcement of any ordinance or law that: (a) requires demolition of parts of the same property not damaged by a Covered Cause of Loss. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2284_009.pdf">OPINION/ORDER</A><BR> In March 2003 Adelman Reyes was promoted to associate professor. A tenure candidate's dossier is first evaluated by the candidate's college Rank & Tenure Committee. Is forwarded to the University Committee for consideration and decision. The University Committee's decision is then sent to the Vice President of Academic Affairs. This information was forwarded to Gulley. This is consistent with Chalokwu's statement that a 4 No. 06 2284 dean's recommendation on tenure is ordinarily </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200014340.OPN.pdf">OPINION/ORDER</A><BR> The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse Honorable Harlington Wood. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer.1 All three Plaintiffs had recently been denied admission to UGA. Therefore were. Johnson was offered admission to UGA after filing this lawsuit. They alleged that UGA's use of gender violated Equal Protection and Title IX.2 Named as Defendants were the Board of Regents of the University System of Georgia. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july98/97-8915.man.html">DOE V. DEKALB COUNTY SCH. DIST. (7/17/1998, NO. 97-8915)<BR></A><BR> Who is infected with HIV. Because it fears that Doe might have blood to blood contact with one of his sometimes violent students. The District has </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1996/96a1396p.txt">OPINION/ORDER</A><BR> Appellants claim that the Secretary's waiver was invalid and improper. We have jurisdiction under 28 U.S.C. � 1291. Our review of the matter is plenary. STATUTORY BACKGROUND AFDC is a joint federal and state program established under Title IV A of the Social Security Act. To needy dependent children and the parents or relatives with whom they are living . . . . </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-2483.01A">OPINION/ORDER</A><BR> Ledbetter were on brief. Ltd. were on brief. Physical skills are a passport to college admissions and scholarships. Are invaluable in attaining career and life successes in and out of professional sports. The highway of opportunity runs in both directions. 1The individual defendants are. Each is sued in his official capacity. We discuss this appeal as if Brown was the sole defendant and appellant. Offering students the opportunity to partake of sports that are not financially self sustaining. Brown will never be confused with Notre Dame or the more muscular members of the Big Ten. Women are a relatively inconspicuous part of the storied athletic past. Respectively. 3 The absence of women's athletics at Brown was. Brown promptly upgraded Pembroke's rather primitive athletic offerings so that by 1977 there were fourteen women's varsity teams. Was in a financial bind. Many schools with varsity squads are reluctant to compete against club teams. 441 U.S. at 687 n.8 (holding that exhaustion of administrative remedies is not a prerequisite to a Title IX suit). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/05/963870P.pdf">OPINION/ORDER</A><BR> The Jenkins class argues that its status as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec2002/02-11578.opn.html">GEORGIA STATE DEP'T OF EDUC. V. DERRICK C. (12/10/2002, NO. 02-11578)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021239.P.pdf">OPINION/ORDER</A><BR> I. Ekenasi is a native of Nigeria. He was accepted to the West Virginia University College of Law. All of this was made possible by his receipt of nearly $90. Ekenasi was employed as a paralegal with the West Virginia Tax Department. Ekenasi was earning a salary of approximately $22. See 11 U.S.C.A. � 1322(d) (West Supp. 2002) (providing that a Chapter 13 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/nov95/94-1009.html">REYNOLDS V. SCHOOL DIST. NO. 1<BR></A><BR> She was not selected for any of the promotions. She maintains that Defendants discriminated against her because she is white. Refused to promote her even though she was the most qualified applicant for the various positions. Reynolds applied to become a middle school assistant principal.2 Reynolds interviewed for the position and was placed into a pool out of which principalship vacancies would be filled. We presume that Reynolds' reference to a principalship was to the middle school assistant principal position. of Schools. Defendants assert that they chose to leave the position vacant and later eliminate it because of anticipated budget cuts.3 Reynolds claims that they eliminated the position under the pretext of budgetary concerns to keep her from becoming Coordinator once they realized that she was the most qualified applicant for the job.4 Reynolds cites as evidence of pretext the fact that the Bilingual/ESOL department budget increased from $1. Reynolds further highlights that she was the sole white person working in the Bilingual/ESOL Department. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTI0NTAtY3Zfb3BuLnBkZg==/04-2450-cv_opn.pdf">OPINION/ORDER</A><BR> The claim charged violations of USERRA and the New York Military Law and was dismissed by the District Court on the basis of Eleventh Amendment immunity. BACKGROUND Morris Hayes was hired by the Board as an Elementary School Principal in the Chester Union Free School District. The Board was aware that Morris Hayes held a commission as a Major in the United States Army Reserve and. Was subject to calls to military training and active duty. Morris Hayes was unable to perform her duties as Elementary School Principal. Defendant Canzoneri told her </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct1999/985061.txt">OPINION/ORDER</A><BR> Impermissibly restricted Z.H.'s freedom of expression while he was a student in kindergarten and first grade. She also contends that the defendants' actions were so hostile toward religion as to violate the Establishment Clause. We will affirm. I. BACKGROUND Because we are reviewing the District Court's Rule 12(c) judgment on the pleadings. The following facts are affirmatively alleged in the complaint. This case arises from two incidents that occurred while Z.H. was a student at the Haines Elementary School in Medford. The first incident occurred while Z.H. was a kindergarten student. Z.H.'s teacher asked the students to make posters depicting what they were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958111.MA2.pdf">OPINION/ORDER</A><BR> Jerome Harris filed this civil rights action against the Board of Education of the City of Atlanta ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011583.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. In the United States District Court for the District of Maryland challenging various procedures and policies they allege are used by MCPS in the selection of students for participation in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/06/042923P.pdf">OPINION/ORDER</A><BR> The fruit of these negotiations was the Revised Desegregation and Education Plan (Revised Plan). It was agreed that if LRSD substantially complied with the terms of the Revised Plan. If this assessment reveals that a program has not and likely will not improve African American achievement. LRSD shall take appropriate action in the form of either modifying how the program is implemented or replacing the program. Following what it believed was its substantial compliance with section 2.7.1 and the 2002 Remedy. It is from this judgment that LRSD now appeals. 4 II. The constitutional requirements for unitary status are set forth in Green v. The impetus for section 2.7 is colloquially referred to as the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Mar2002/013158mo.txt">OPINION/ORDER</A><BR> Because there is no error in the District Court's determination that it did not have subject matter jurisdiction over these claims. We will affirm. I. Plaintiffs are nine students enrolled in the Pittsburgh public schools and their respective parents. Defendants are John Thompson. The essential facts of this case are as follows. Although the meeting was advertised earlier in a newspaper of general circulation. Members of the public were successful in preventing the closing of some schools. Plaintiffs did not have the same success. Plaintiffs' claims were grounded in the Civil Rights Act of 1871 (42 U.S.C. 1983) and asserted violations of the First Amendment right to petition the government for redress of grievances and the 14th Amendment's guarantee of due process of law. Plaintiffs assert that public pressure was successful in preventing the closings of some schools. They could have been successful as well. We are sympathetic to the assertion that Plaintiffs apparently had less time than mandated by state law (under section 7 780) to voice opinions opposing the closings before those closings became final. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/45168809DCD027E488256AB6007A0CD1/$file/9956784.pdf?openelement">OPINION/ORDER</A><BR> Violate the First Amendment and the Fourteenth Amendment by failing to define clearly when and how much use of nonEnglish will expose educators to personal liability. Plaintiffs request this Court to declare that section 320 is unconstitutionally vague on its face. Is sufficiently clear to withstand Plaintiffs' facial vagueness challenge. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/97opinions/97-7072a.html">COWARD EDWARD V. ADT SEC SYS INC<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/05/00-8013.htm">00-8013 -- PARKHURST V. U.S. DEPT. OF EDUCATION -- 05/25/2001<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> This appeal calls upon us to determine the validity of an order of the district court finding <em>pro se</em> litigant. Parkhurst's conduct was contumacious. The penalty summarily imposed by the court is affirmed. <p> While serving a life sentence at the Wyoming State Penitentiary. The case was finally set for trial on January . Plaintiff was transported to Casper for the trial. He was not ready to proceed to trial. Claiming he did not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/09/973840P.pdf">OPINION/ORDER</A><BR> Was established in 1962 at the request of Arch Ford. Which is presently approximately $200. Members of the ACEE are either invited or appointed by the ADE's Director of Education and introduced by the Director at the ACEE's annual meeting. The court refused to exercise pendent jurisdiction over Palmer's remaining claims. 2 1 The ACEE is chartered with the State of Arkansas as a private. The ACEE's five employees are paid by the ACEE rather than through the state payroll. Its employees are not entitled to state benefits.2 The ADE exercises no control over ACEE employees with respect to job duties and performance. The ACEE is an instrumentality of the ADE and the State of Arkansas and therefore falls under the ADEA's definition of an employer. See id. at 358 59 (setting forth factors to consider in determining whether an institution is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1988.01A">OPINION/ORDER</A><BR> Is amended as follows: Cover sheet: Jay S. Reavis & Pogue were on brief for The Life Insurance Company of North America. Reavis & Pogue were on brief for The Life Insurance Company of North America. That are available through UHS. Two supplemental insurance options are available. That is. It lessens the risk that the LINA premium and the UHS clinic fee will reflect redundant coverage 1Graduate students are not required to pay the UHS clinic fee. Provided they have health insurance coverage that meets URI's requirements. for the same medical procedures.2 As a second option. Students who do not opt out of the LINA </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1995/95a1210p.txt">OPINION/ORDER</A><BR> In this case we must decide whether appellant Marjorie Jo Faish is entitled to have her student loan obligation discharged in a Chapter 7 bankruptcy proceeding. She is entitled to have her entire debt discharged. 11 U.S.C. � 523(a)(8)(B). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958111.OP.pdf">OPINION/ORDER</A><BR> Jerome Harris filed this civil rights action against the Board of Education of the City of Atlanta ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/12/95-4084.htm">95-4084 -- BAUCHMAN V. WEST HIGH SCHOOL (SALT LAKE CITY) -- 12/18/1997<BR></A><BR> The Religion and Speech clauses of the Utah Constitution. <p> The constitutional issues raised in this appeal are issues of acute public interest issues which evoke diverse opinions and strong emotions. Bauchman's claims focus on religious neutrality in public schools only intensifies that interest and emotion.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2001/00-14340.opn.html">JOHNSON V. BD. OF REGENTS OF THE UNIV. OF GEORGIA (8/27/2001, NO. 00-14340)<BR></A><BR> The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse student body. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199906/96-7239b.txt">OPINION/ORDER</A><BR> With him on the briefs were John M. With him on the brief were Wilma A. With him on the brief was Arthur B. Farris was on the brief for amicus curiae Home School Legal Defense Association. Holding that it violates the fundamental rights of minors and their parents and is unconstitutionally vague. Rehearing en banc was granted. Determining that juvenile crime and victimization in the District was a serious prob lem and growing worse unanimously adopted the Juvenile Curfew Act of 1995. The curfew contains eight </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/09/962426P.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Tien Lam was a student at the University of Missouri Dental School. Ho Wohn Kim was a clinical instructor. Kim maintained a private dental practice that was not affiliated with the school. The first time Lam worked at Kim's office was uneventful. Informed him that they were undertaking an investigation of Lam's allegations. Kim was instructed not to return to work until that investigation had been completed. Lam became increasingly depressed and was eventually hospitalized. That claim was tried to a jury. When it was denied. Ct. 1114 (1996) was decided. We are bound by Crawford. JAML is appropriate when </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/022056.P.pdf">OPINION/ORDER</A><BR> As is required by 42 U.S.C.A. � 292f(g) (West 2003). The parties agree that the facts of this case are undisputed. Smitley was 47 years old. Positions in The Great Lakes Higher Education Corporation did not participate in the adversary proceeding because ECMC is its successor in interest. 2 The record indicates that Smitley paid approximately $10. Smitley's wife was 45 years old. The children have health insurance through the State. Smitley and his wife do not have health insurance. Smitley stated the following basis for his </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Dec2001/012224.txt">OPINION/ORDER</A><BR> Lawrence to operate a facility that would have an adverse disparate racial impact upon them in violation of Title VI of the Civil Rights Act of 1964. We hold that an administrative regulation cannot create an interest enforceable under section 1983 unless the interest already is implicit in the statute authorizing the regulation. The plaintiffs do not have a right enforceable through a 1983 action under the EPA's disparate impact discrimination regulations. We will reverse. We point out that the residents of Waterfront South are predominately minorities and the neighborhood is disadvantaged environmentally.1 Waterfront South contains two Superfund sites. Lawrence's business is the processing of ground granulated blast furnace slag ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTYxNzAtY3Zfb3BuLnBkZg==/04-6170-cv_opn.pdf">OPINION/ORDER</A><BR> Appellees claimed that their son's Individualized Education Plan ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug2001/005026.txt">OPINION/ORDER</A><BR> Claimed she was subjected to harassment and ultimately terminated. Is an undergraduate and graduate educational institution. Is a state college of New Jersey. 2 considered the evidence and applied certain legal principles. We will therefore reverse the grant of summary judgment and remand for further proceedings. Facts Most of the underlying facts are undisputed. Where there is a dispute. Abramson was the only Orthodox Jew employed in the School of Education at WPC. The days she missed on account of Jewish holidays were not counted as sick days. An untenured professor's academic performance was to be reviewed on an annual basis. Retention and tenure decisions in Abramson's department are first considered by the Curriculum and Instruction Retention Committee ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021418.P.pdf">OPINION/ORDER</A><BR> At Norfolk </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov2000/99-14455.man.html">DAVIS V. DEKALB COUNTY SCH. DIST. (11/24/2000, NO. 99-14455)<BR></A><BR> Circuit Judges.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/10/023594P.pdf">OPINION/ORDER</A><BR> This is an interlocutory appeal from a denial of summary judgment on the issue of qualified immunity from suit. They further assert that they are entitled to qualified immunity from such claims. Is the First Amendment claim. A principal question relevant to that issue is whether Dr. Herts's speech was protected. The District Court held that it was. Outweighed the defendants' interest in promoting the efficiency of the public service they were performing. Plaintiff first argues that the notice of interlocutory appeal is flawed because it referred to an order that did not exist. The intention of the drafter of the notice was obviously to refer to defendants' motion. It was only defendants who made a motion for summary judgment on this issue. This is a mere clerical mistake that caused no prejudice to plaintiff. Plaintiff next suggests that we lack jurisdiction because the order of which review is sought is not final. Certainly it is true that an order denying a motion to dismiss. Is not normally immediately appealable. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4NzVfb3BuLnBkZg==/03-7875_opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: We are faced today with the question of whether plaintiff. (4) that her removal was in retaliation for her stated political views and consequently in violation of the First Amendment. That her allegations are insufficient to make out a Fourth Amendment violation or a substantive due process violation. We conclude that her First Amendment and procedural due process liberty interest claims are viable. Our undertaking here is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/02/02-8059.htm">02-8059 -- EDUCATIONAL CREDIT MANAGEMENT CORP. V. POLLEYS -- 02/04/2004<BR></A><BR> Defendant Appellant Education Credit Management Corporation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/96-2278.htm">96-2278 -- K.L. V. VALDEZ -- 08/12/1999<BR></A><BR> Sixteen mentally or developmentally disabled children who are or were in the custody of the state of New Mexico. Brought this action for declaratory and injunctive relief alleging that defendants have failed to provide protections and therapeutic services required by federal statutes and the United States Constitution. Plaintiffs sought to certify a class comprised of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/65268A0DB5061F64882571CA00802415/$file/0436141.pdf?openelement">OPINION/ORDER</A><BR> The conflict was resolved by a settlement agreement signed only by the parties. The district court held that P.N. was not a prevailing party. (b) the determination that a parent is a prevailing party requires that there be some judicial sanction of the settlement agreement. (c) there is no judicial imprimatur of the settlement agreement in this case. I The IDEA seeks </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/09/98-2215.htm">98-2215 -- CISNEROS V. WILSON -- 09/11/2000<BR></A><BR> Holding that Plaintiff could not prove: (1) that she was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/03/951823P.pdf">OPINION/ORDER</A><BR> The Webster group argues that the district court correctly determined that its motion to intervene was timely. The children of four board The other proposed intervenors are Nia Webster. The Webster group is comprised of African American children. Who are or might be in the future students in the KCMSD. The Webster group stated that the KCMSD was failing to eliminate the segregated school system in Kansas City and contributing to low achievement and a general attitude of inferiority among African American students. Even though all African American students are members of the Jenkins class. Denied the motion to intervene as a matter of right because there were sufficient avenues open for the group to protect its interests without intervention. Since the children in the Webster group were already members The of the Jenkins class. The Jenkins class and the State of Missouri oppose the Webster group's motion to intervene and argue that the district court erred in determining the motion was timely. The court should pay particular attention to: (1) how far the proceedings have progressed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7D478AE8B5DDB29488257272005CE256/$file/0436141.pdf?openelement">OPINION/ORDER</A><BR> Is amended to include the following at the end of footnote 7. We further note that 20 U.S.C. � 1415 was amended subsequent to the underlying events in this case. We have no occasion to consider whether these amendments alter the statutory requirements for an award of attorneys' fees under the IDEA. 1046 P.N. v. The petition for rehearing is denied. The petition for rehearing en banc is denied. No further petition for rehearing will be entertained. The conflict was resolved by a settlement agreement signed only by the parties. The district court held that P.N. was not a prevailing party. (b) the determination that a parent is a prevailing party requires that there be some judicial sanction of the settlement agreement. (c) there is no judicial imprimatur of the settlement agreement in this case. I The IDEA seeks </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/05/003379P.pdf">OPINION/ORDER</A><BR> Only men's programs were considered for cuts. Plaintiffs argue that the elimination of the men's wrestling program was a clear example of sex discrimination. Continuing to fund the team would have discriminated against women. Plaintiffs counter that budgetary considerations were not a factor in the University's decision because a private donor had offered to fund the wrestling program. So the team would not have used resources that otherwise would have been available to female athletes. Which is designed to encourage. The University's goal of gender balance is illegitimate. United States District Court for the District of North Dakota. 2 2 and women have an equal interest in participating in University sports. An assumption which they contend is not borne out by the evidence. The percentage of the student body that was male with the percentage of athletes that was male and the resources made available to male athletes. Summary judgment was granted in favor of the University on August 22. Summary judgment is proper only when there is no genuine issue of material fact and. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3495_019.pdf">OPINION/ORDER</A><BR> The University of the District of Columbia is a member of the National Collegiate Athletic Association. The exact nature of the violations is unclear. They seem to have included misuse of federal funds. The Association acknowledges that compliance with the subpoena is not burdensome in the sense of imposing heavy costs of identifying. That the documents sought are relevant to the Department's investigation. That the Department is authorized by law to conduct such an investigation. This will impede those investigations because whistleblowers will worry that if they inform to the Association their cover will be blown. This amounts to arguing that a private organization should have the right to impede government investigations because it wants to conduct its own investigations without No. 06 3495 3 hindrance. To state the proposition is almost enough to refute it. Of course there are privileges that can be used to keep information from government agencies and thus impede government investigations. There is no private investigator's privilege. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0058p-06.pdf">OPINION/ORDER</A><BR> Which is located in Fort Thomas. Seventh and eighth grades and is part of the Fort Thomas Public School District. The Council has responsibility for setting school policy that is consistent with the school board's policies and that is designed to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1657.01A">OPINION/ORDER</A><BR> Were on brief. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E0C058E81F73B7E088256E5A00707BBA/$file/0035100.pdf?openelement">OPINION/ORDER</A><BR> FACTUAL AND PROCEDURAL BACKGROUND Plaintiff S.V. seeks tuition reimbursement for the special education services he obtained at the private schools that he attended after his parents decided that his public school was not providing him with a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/11/98-2326.htm">98-2326 -- LYBROOK V. MEMBERS OF THE FARMINGTON MUNICIPAL SCHOOLS BOARD OF EDUCATION -- 11/27/2000<BR></A><BR> Arguing that it was entitled to qualified immunity. We have jurisdiction pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1146.01A">OPINION/ORDER</A><BR> Charset=utf 8 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTY2MjEtY3Zfc28ucGRm/05-6621-cv_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2210.PDF">OPINION/ORDER</A><BR> I BACKGROUND GSU is a public university located in University Park. The plaintiffs are former graduate students of the MSW program at GSU. The defendants are various GSU officers and members of the GSU Board of Trustees. The plaintiffs allege that the defendants induced them to matriculate in the MSW program at GSU by knowingly and falsely representing to them that the program was approved for accreditation by the National Council of Social 1 Work Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1511.01A">OPINION/ORDER</A><BR> Was on brief. Was tried in Massachusetts state court in 1986 for the rape. Who were white. Caldwell was ultimately convicted on all charges by a jury that had no black members. These convictions were reversed by the Massachusetts Appeals Court on the ground that several of the challenges were impermissibly race based. That ground was rejected and the conviction was reinstated by the unanimous Massachusetts Supreme Judicial Court. Finding that two of the peremptory challenges at issue were discriminatory under Batson v. When the man was ready to leave. When Caldwell was arrested and informed that he was suspected of kidnapping and rape. Caldwell said that on the night in question he was with his girlfriend until about 3 a.m. Caldwell later changed his statement and said that he was with his girlfriend until about 2:45 a.m. Caldwell was charged with rape. The judge then refilled the jury box with eligible jurors after each challenge or group of challenges was exercised. Stating that the prosecutor had </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200607/04-7139a.pdf">OPINION/ORDER</A><BR> Were on brief. Gerald were on brief. Notices of appeal were filed in all four cases. We agree with the District's argument that an action brought pursuant to 42 U.S.C. � 1983 to enforce IDEA rights is a suit </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/11/982698U.pdf">OPINION/ORDER</A><BR> The case is remanded to the district court for further proceedings. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2A8BED8F1D5D767188256CDE007859CF/$file/0255119.pdf?openelement">OPINION/ORDER</A><BR> Who are former principals or vice principals of public schools within the San Diego School District. Who are members of the board governing the District. The district court held that there were factual issues in dispute to be resolved by a jury. We hold that no further facts need to be determined and that as a matter of law the defendants are protected by qualified immunity because the plaintiffs have no clearly established right to continue in their administrative positions. The chancellor responded by explaining that a different style of leadership was required in the positions they had held. The district court ruled that there was a factual dispute as to whether Administrative Procedures 7113 and 7767 applied to the plaintiffs and that that dispute must be tried to 3064 BERNSTEIN v. Qualified immunity is a judicially crafted device giving a large measure of protection to the exercise of judgment by public officials. Indeed it is said to protect </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/00opinions/00-1467.html">ELAN PHARMACEUTICALS V. MAYO<BR></A><BR> Argued for plaintiffs appellants.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5674DF6FA82BB50088256A76007B6EA3/$file/0035100.pdf?openelement">OPINION/ORDER</A><BR> FACTUAL AND PROCEDURAL BACKGROUND Plaintiff S.V. seeks tuition reimbursement for the special education services he obtained at the private schools that he attended after his parents decided that his public school was not providing him with a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/01/00-6045.htm">00-6045 -- BURNS V. GREAT LAKES HIGHER EDUCATION CORP. -- 01/10/2001<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Debtors Wiley Lester and Helen Burns appeal from the district court's order affirming the bankruptcy court's decision not to award them attorney's fees after they prevailed in their adversary actions to have their student loans declared dischargable. Burns argue that the bankruptcy court erred in its ruling because the court should have awarded them fees in accordance with Oklahoma state law. The decision whether fees are warranted. Is reviewed only for an abuse of discretion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/June1995/95a1082p.txt">OPINION/ORDER</A><BR> Which are used to repay educational debt. Are non dischargeable within the meaning of 11 U.S.C. � 523(a)(8). The Bankruptcy Court concluded that they are dischargeable. Because we do not believe that such loans are educational in nature and are therefore not subject to the non dischargeability exception set forth in section 523(a)(8). We will affirm. Segal </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001876.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. We have carefully reviewed the briefs and record in this case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/002132.P.pdf">OPINION/ORDER</A><BR> The Virginia legislature amended � 22.1 203 to require that every school division provide a minute of silence in the State's public school classrooms and to direct the Attorney General to defend the statute when it is challenged in court. Code Ann. � 22.1 203 was amended in 2000: In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the Commonwealth either to engage in. The school board of each school division is authorized to shall establish the daily observance of one minute of silence in each classroom of the division. Where During such one minute period of silence is instituted. Senator Barry responded that his intent was not to force prayer in schools. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031960.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The City of High Point was entitled to all of the proceeds of its red light camera program. Arguing that it is entitled to the proceeds. We conclude that the district court lacked subject matter jurisdiction over the Board's state law claim that it is entitled to the proceeds of the red light camera program. Henry Shavitz received a ticket in the mail after a car registered to him was photographed running a red light. If the program was constitutional in all respects. He expressly did not seek any damages from the Board but instead sought only a declaration that the Board was entitled to the clear proceeds of the red light camera program. At which point the Board answered the complaint and filed a crossclaim seeking a declaration that it was entitled to the proceeds of the red light camera program. The court determined that the claim was properly before it by virtue of the Board's cross claim. We questioned whether there was in fact subject matter jurisdiction over the dispute between the City and the Board. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/oct97/96-2135.wpd.html">DUKE V. GRADY MUN. SCHOOLS<BR></A><BR> This is an interlocutory appeal. The individual school board members in their official capacities.(1) The sole issue presented in this appeal is whether local school boards and districts in New Mexico are arms of the state and therefore entitled to Eleventh Amendment immunity. Or whether they are political subdivisions or some other form of local (1) Under 1292(b). An order not otherwise appealable may be immediately appealed if the district court judge </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov2000/99-14455.man.html">DAVIS V. DEKALB COUNTY SCH. DIST. (11/24/2000, NO. 99-14455)<BR></A><BR> Circuit Judges.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1623.01A">OPINION/ORDER</A><BR> Individually and as They Are Members of the Lexington School Committee. Smith were on brief for appellant. LLP were on brief for appellees. The advertisement promoted sexual abstinence and was proffered by a parent. Superintendent and school officials was terminated on defendants' motion for summary judgment. Holding that summary judgment should be entered for Yeo on his claims that there was state action. That each student publication was a public forum. That the decisions not to publish were impermissible view point discrimination. 1997 WL 292173 (1st Cir. The Yearbook was operated entirely by a staff of about sixty students. Staffing decisions were made by students. This staff was headed by two co editors in chief. Yankee Press Education Network. 4 was the Yearbook faculty advisor. Mechem was paid a stipend of less than $2. The Yearbook is financially independent from the school and is funded entirely through the sale of the books to students and advertising. This advertisement section was largely comprised of congratulatory or commemorative ads purchased by students and their families. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=03-4074_015.pdf">OPINION/ORDER</A><BR> She was not satisfied with the treatment Melvin was receiving. The respective district court judges to whom these two cases were assigned each dismissed them: the IDEA case on grounds of lack of exhaustion of administrative remedies. We have concluded that these dismissals were premature. Our review of the legal issues presented is. No one had notified Mosely that Melvin was subject to such a placement. Despite the fact that the IDEA spells out a number of procedures that must be followed before this kind of step is taken. Mosely undertook to educate herself about the procedures that the Chicago Public Schools were obliged to follow before placing a child in a special education class (or removing the child from such a class). He was written up for exhibiting hostile actions. She received an interim progress report indicating that Melvin was failing every class except Spanish and gym. Melvin was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052950p.pdf">OPINION/ORDER</A><BR> Holding that Udell's educational debt was not dischargeable. We will affirm. I. BACKGROUND The underlying facts are not in dispute. Udell initially claimed that the card was stolen. Udell was permitted to submit a letter of resignation in lieu of disenrollment. Udell's letter of resignation was accepted and Udell was also discharged (under honorable conditions) from the Air Force. Udell was required to reimburse the government for the cost of his education in the amount of $88. Seeking a determination that the debt for his Air Force Academy education was dischargeable. The Bankruptcy Court determined that Udell's debt was dischargeable. Determined that 10 U.S.C. � 2005(d) is a more specific statute </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/10/96-2135.htm">96-2135 -- DUKE V. GRADY MUNICIPAL SCHOOLS -- 10/20/1997<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199914455.OPN.pdf">OPINION/ORDER</A><BR> PER CURIAM: This is a sexual harassment/discrimination suit arising out of the acts of a physical education teacher. That Plaintiffs have failed to produce any evidence that Defendants knew of or acted with deliberate Plaintiffs brought suit individually and as legal guardians of three students Mency molested. 2 1 Gebser v. Sexually molested Plaintiffs during the 1993 1994 school year.3 There is no evidence that anyone witnessed any of these events. Or anyone at school what was happening while the events were occurring. One of the Plaintiffs confided in a friend that Mency was touching her inappropriately. Mency was subsequently convicted on six counts of child molestation and one count of criminal attempt to commit child molestation. Is currently serving a 20 year sentence. Or other places where no one could observe what Mency was doing. The district court went on to find that Plaintiffs also failed to produce evidence that any official with supervisory authority knew or should have known that Mency was molesting Plaintiffs. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2004/033912p.pdf">OPINION/ORDER</A><BR> PA 17701 Attorney for Appellants The District Court declined to exercise supplemental jurisdiction over the state law claims both because it had dismissed those claims over which it had original jurisdiction and because the state law claims were complex. Concluded that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/12/97-3351.htm">97-3351 -- THOMAS V. BOARD OF EDUCATION -- 12/23/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Rosie Diane Thomas brought this action against her former employer. Thomas began working for defendant in 1984 as a transportation clerk and was eventually promoted to transportation supervisor in 1992. Thomas supervised was located within defendant's service center. All of the other supervisors were male. Thomas's claims is that all of the supervisors performed substantially equal work. That she was paid less because of her gender. The primary evidence she offers to support her contention regarding the equality of the work is her opinion concerning what the various supervisors did. Primarily administrative type functions and were subject to the same salary schedule. <p> Addressing her Equal Pay Act claim first. The district court found that she had not made her prima facie showing that she was performing work that was substantially equal to that of the male employees. She offered no evidence of how the work was substantially equal. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTE1MDUtY3YgdyBFcnJhdGEucGRm/05-1505-cv%20w%20Errata.pdf">OPINION/ORDER</A><BR> Circuit Judge: The issue before us is whether a parent who is also an attorney can receive attorneys' fees for the representation of his child in a suit brought under the Individuals with Disabilities Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug96/94-9355.opa.html">LOCKETT V. BOARD OF ED. OF MUSCOGEE CTY.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lockett v. In 1965 and 1968 the district court denied Plaintiffs relief and those denials were affirmed on appeal. <i>Lockett v. The percentage of white and Negro students attending the school in the County are approximately 70% white and 30% Negro. It is the purpose and intent of this Board to obtain approximate proportionate representation of each race in each school in the most efficient manner. Equal in number to 70% of the capacity of the school to which they have been assigned. Equal in number to 30% of the capacity of the school to which they have been assigned. 1971.<p> <p> All other students assigned to said school shall be assigned by the Superintendent and his staff to the school nearest to the residence of said student which does not then have its quota of white or Negro students as above stated.<p> <p> All students who have not been assigned to any school for the current Fall term. A change is educationally called for or where compelling hardship or other good reason is shown by the student.<p> <p> <i>In school years after the school year beginning in September. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958111.MAN.pdf">OPINION/ORDER</A><BR> The panel is of the opinion that this case can be and should be settled. The parties and their counsel are directed to contact this court's Appellate Conference Office not later than fifteen days from receipt of this order to explore a resolution of their differences. Counsel and the parties are expected to discuss all issues in good faith. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200211578.OPN.pdf">OPINION/ORDER</A><BR> Circuit Judge: The Georgia State Department of Education ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr96/95-8111.man.html">HARRIS V. BOARD OF ED. OF THE CITY OF ATLANTA<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Harris v. The panel is of the opinion that this case can be and should be settled.<p> The panel hereby refers this appeal to the Eleventh Circuit Conference Attorney for settlement discussions. Pursuant to Federal Rule of Civil Procedure 33 and Eleventh Circuit Rule 33 1.<p> The parties and their counsel are directed to contact this court's Appellate Conference Office not later than fifteen days from receipt of this order to explore a resolution of their differences.<p> Before settlement discussions. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/06/98-1174.htm">98-1174 -- VIGIL V. COLORADO DEPARTMENT OF HIGHER EDUCATION -- 06/21/1999<BR></A><BR> (3) finding that Vigil and Roberts were not similarly situated. (4) finding that Vigil and Garcia were not similarly situated. (5) failing to consider certain evidence that allegedly shows that defendant's proffered nonretaliatory reasons for terminating him are pretextual. He worked as a telecommunications/electronics specialist and was a certified state employee. Hellman informed Vigil that he was scheduled to appear at a September 3 meeting. The meeting never occurred because Thomas was too busy. Kovach notified Hellman that Vigil was trying to meet with Thomas and that he did not want to be associated with such a meeting. Defendant's investigation uncovered no evidence verifying plaintiff's claim that a system backup was performed on August 22. Hellman informed plaintiff that he was being terminated because he was in a position of trust. Finding that plaintiff was afforded due process and that defendant did not otherwise violate Colorado law in disciplining plaintiff. <p> On August 13. Summary judgment is appropriate </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BBEA1B103484DB95882572A4007F281B/$file/0416891.pdf?openelement">OPINION/ORDER</A><BR> This case is a companion case to Doe et al. v. Who was in Preschooler II's class. 2 Both parties seek to use this appeal to air a variety of discovery disputes that have emerged in Preschooler I's case. They are not. Our court acknowledged </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0084n-06.pdf">OPINION/ORDER</A><BR> The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec99/98-6600.man.html">OPINION/ORDER</A><BR> Circuit Judge:</P> <P> The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964. <A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1997/97a1576p.txt">OPINION/ORDER</A><BR> The question before us is whether such requirements are lawful. We conclude that they are. Thus will affirm the district court's grant of summary judgment in favor of the Appellees. While this appeal was pending. The Rule now states that no person shall practice law in this State unless that person is an attorney. Is in good standing. Maintains a bona fide office for the practice of law in this State regardless of where the attorney is domiciled. A summer home that is unattended during a substantial portion of the year. An answering service unrelated to a place where business is conducted. It is a place where clients are met. Files are kept. The telephone is answered. Mail is received and the attorney or a responsible person acting on the attorney's behalf can be reached in person and by telephone during normal business hours to answer questions posed by the courts. The bona fide office requirement is the successor to New Jersey's more stringent residency requirement for members of the New Jersey bar. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec99/98-6600.man.html">OPINION/ORDER</A><BR> Circuit Judge:</P> <P> The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964. <A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTA3MDgtY3Zfb3BuLnBkZg==/06-0708-cv_opn.pdf">OPINION/ORDER</A><BR> Their claims were not ripe. Their claims were not ripe. It </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991407.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. OPINION PER CURIAM: This is an appeal from an order denying attorney fees sought by Susan Thomas. Because Thomas was not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971604.P.pdf">OPINION/ORDER</A><BR> Challenging the FDA's jurisdiction over tobacco products and seeking declaratory and injunctive relief.1 Plaintiffs then filed a 1 When the complaint was filed on August 10. All references in this opinion are to the final version of the rule published in the Federal Register on August 28. They have been added for emphasis unless otherwise indicated. 13 motion for summary judgment in the district court. Jurisdiction over the consolidated appeals is proper in this court under 28 U.S.C. �� 1292(a)(1) and 1292(b). We are of opinion that the FDA lacks jurisdiction to regulate tobacco products. 1996 regulations of tobacco products are thus invalid. All 50 States have already banned the sale of tobacco to minors under state law. Tobacco products fit within these definitions because they are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/01/043503P.pdf">OPINION/ORDER</A><BR> I. Martin Wishnatsky is a resident of Fargo. When she appeared with her students on behalf of North Dakota State University clients who were requesting the removal of a Ten Commandments monument from city property.1 In a letter to the editor of the Grand Forks Herald. Wishnatsky wrote that he was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Oct2001/001250.txt">OPINION/ORDER</A><BR> The issue presented by this appeal is whether Brightful's student loans burden her with an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042689np.pdf">OPINION/ORDER</A><BR> Although district court proceedings have yet to conclude. This is the so called </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7DC54008057F5E7388256E5A00707D70/$file/9936035.pdf?openelement">OPINION/ORDER</A><BR> Paige is substituted for his predecessor. We are asked to interpret a difficult contract and attempt to devine what the Congress meant in portions of the Higher Education Act (Act). We suppose the complexity of the case is demonstrated by the fact that both parties appeal from the judgment of the district court. Secretary) argue that the district court erred both in holding that the Secretary was in breach of his obligations to the Student Loan Fund of Idaho. We have jurisdiction of the timely filed appeal and cross appeal pursuant to 28 U.S.C. � 1291. I. SLFI is a private non profit corporation that began in the late 1970s to function as a guaranty agency under the Federal Family Education Loan Program (Loan Program). The ultimate insurer of the loans is. A State or private nonprofit organization is first required to contract with the Secretary. Four of the five agreements entered into between SLFI and the Secretary provide that SLFI is to comply with the Act and the regulations promulgated thereunder. All of the agreements state that they are to be interpreted in the light of the Act and the regulations. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/11/054188U.pdf">N:\DOCS\E-DOS\11-14\05-4188 WADE-LEMEE V. BOE.WPD<BR></A><BR> Wade Lemee alleged she was terminated from her position with the St. She was subsequently offered a position with the East St. Dismissed the entire complaint based on the conclusion that the Board </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3239_032.pdf">OPINION/ORDER</A><BR> The benefits of recognition are several. If an organization is officially recognized by the law school. The upside is even more benefits. Groups that register with the No. 05 3239 3 university also get university money (it is not clear how much) and access to meeting space at the SIU student center. CLS is a nationwide association of legal professionals and law students who share (broadly speaking) a common faith Christianity. Members are expected to subscribe to a statement of faith and agree to live by certain moral principles. Is that sexual activity outside of a traditional (one man. One woman) marriage is forbidden. It explained that while </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/10/972619P.pdf">OPINION/ORDER</A><BR> One that it was not the court's duty to insure funding for the KCMSD. One denying that there was a financial vestige that must be remedied. The funding problems that are of particular concern to the KCMSD have been resolved by a state constitutional amendment authorizing the board to set the levy at $4.95. Art. 10 � 11(g) to permit school boards whose operating levy for 1995 was set by court order to set subsequent tax rates at any level lower than the 1995 rate (which was $4.96 for the KCMSD) without voter approval). The second concern is that a second piece of legislation which could provide additional funding for the district. Is contingent on final settlement of the St. The KCMSD states that this issue is not yet ripe and suggests holding it in abeyance until the contingency has been resolved. We believe our best course is to dismiss the appeal. Denied the State's claim that the district was unitary. The 3 district court's decision was a lengthy one and made a detailed review of the long history of this litigation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200001/98-3100a.txt">OPINION/ORDER</A><BR> With her on the briefs was A.J. With her on the brief were Wilma A. The someone was Jef frey Robinson. DCPS places such students in private schools when no adequate special education program is avail able within the school system. Kedar was to educate the students and provide related services. Robinson's agreement with DCPS was laced with fraud. Days before the school was set to open. Robinson was able to secure that lease by having Kedar's business manager represent that Kedar had obtained the necessary liability insurance. Kedar had at most 25 to 30 students that month but Robinson told the secretary who prepared the invoice to raise the number so that the school would have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-5010.pdf">OPINION/ORDER</A><BR> Of counsel was Lynn Hawkins Patton. With him on the brief were Peter D. The solicitation indicated that the contract was subject to the Randolph Sheppard Act. State licensing authorities representing the interests of licensed blind vendors are allowed to submit bids on federal contracts on behalf of those vendors. Those bids are given special consideration. Regulations promulgated under the RSA require federal agencies to discuss the licensing authority's bid with the Secretary of Education whenever the bid </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D26EC0556C9E71F188256B170074A0D4/$file/9936035.pdf?openelement">OPINION/ORDER</A><BR> Paige is substituted for his predecessor. We are asked to interpret a difficult contract and attempt to devine what the Congress meant in portions of the Higher Education Act (Act). We suppose the complexity of the case is demonstrated by the fact that both parties appeal from the judgment of the district court. Secretary) argue that the district court erred both in holding that the Secretary was in breach of his obligations to the Student Loan Fund of Idaho. We have jurisdiction of the timely filed appeal and cross appeal pursuant to 28 U.S.C. � 1291. I. SLFI is a private non profit corporation that began in the late 1970s to function as a guaranty agency under the Federal Family Education Loan Program (Loan Program). The ultimate insurer of the loans is. A State or private nonprofit organization is first required to contract with the Secretary. Four of the five agreements entered into between SLFI and the Secretary provide that SLFI is to comply with the Act and the regulations promulgated thereunder. All of the agreements state that they are to be interpreted in the light of the Act and the regulations. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012349.U.pdf">OPINION/ORDER</A><BR> O'ROURKE Unpublished opinions are not binding precedent in this circuit. Who was born on May 6. Where she was determined to be eligible for special education services. With a free appropriate public education (FAPE) that is designed specifically to meet that child's needs. 20 U.S.C. � 1412(a)(1)(A). A school district is required to provide. Lauren was educated in private schools. The School District convened several meetings of an IEP team to develop a new IEP for Lauren.2 The Grays attended the meetings and were represented by an attorney. An IEP (January 1998 IEP) was approved for Lauren. Special education services were to be provided by Atholton High School. An annual review date was set for January 16. Which was dismissed by an administrative law judge (ALJ) on June 23. The school district must review each disabled child's IEP at least </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0222p-06.pdf">OPINION/ORDER</A><BR> Who is disabled. Who are not lawyers. Argue that their appeal is properly before this court because: 1) they may represent Kyle's rights under the IDEA and 2) the IDEA grants them a cognizable right of their own to a FAPE for their son. The Cavanaughs have the right to act as their own counsel. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTc4NjBfc28ucGRm/03-7860_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/may96/94-4236.wpd.html">SEAMONS V. SNOW<BR></A><BR> The word pendent is misspelled as pendant. Larsen's name was misspelled as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986600.OPN.pdf">OPINION/ORDER</A><BR> Circuit Judge: The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/99opinions/99-7073c.html">JIMMY L. DUNCAN V. WMATA<BR></A><BR> Sullivan were </P> <P>on brief.</P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-5178.htm">99-5178 -- COSPER V. APFEL -- 08/11/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff applied for disability insurance and supplemental security income benefits under the Social Security Act. Who found that plaintiff was not disabled at step five of the sequential analysis. <em>See Williams v. We review the record to determine if it contains substantial evidence to support the Commissioner's decision and if the correct legal standards were applied. <em>See Kepler v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031534.P.pdf">OPINION/ORDER</A><BR> Worldwide organization composed of born again believers whose purpose is to evangelize boys and girls with the Gospel of the Lord Jesus Christ and to establish (disciple) them in the local church for Christian living. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2003/023236p.pdf">OPINION/ORDER</A><BR> Which is an appellee and is participating in this appeal. Certain other parties that have been dismissed from the action or are not participating in the appeal. As the parties have done in their briefs. As a matter of convenience we will treat him as the sole appellant in this opinion referring to him as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr96/95-8111.man.html">HARRIS V. BOARD OF ED. OF THE CITY OF ATLANTA<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Harris v. The panel is of the opinion that this case can be and should be settled.<p> The panel hereby refers this appeal to the Eleventh Circuit Conference Attorney for settlement discussions. Pursuant to Federal Rule of Civil Procedure 33 and Eleventh Circuit Rule 33 1.<p> The parties and their counsel are directed to contact this court's Appellate Conference Office not later than fifteen days from receipt of this order to explore a resolution of their differences.<p> Before settlement discussions. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug96/94-9355.opa.html">LOCKETT V. BOARD OF ED. OF MUSCOGEE CTY.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lockett v. In 1965 and 1968 the district court denied Plaintiffs relief and those denials were affirmed on appeal. <i>Lockett v. The percentage of white and Negro students attending the school in the County are approximately 70% white and 30% Negro. It is the purpose and intent of this Board to obtain approximate proportionate representation of each race in each school in the most efficient manner. Equal in number to 70% of the capacity of the school to which they have been assigned. Equal in number to 30% of the capacity of the school to which they have been assigned. 1971.<p> <p> All other students assigned to said school shall be assigned by the Superintendent and his staff to the school nearest to the residence of said student which does not then have its quota of white or Negro students as above stated.<p> <p> All students who have not been assigned to any school for the current Fall term. A change is educationally called for or where compelling hardship or other good reason is shown by the student.<p> <p> <i>In school years after the school year beginning in September. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958111.ORD.pdf">OPINION/ORDER</A><BR> The panel is of the opinion that this case can be and should be settled. The parties and their counsel are directed to contact this court's Appellate Conference Office not later than fifteen days from receipt of this order to explore a resolution of their differences. Counsel and the parties are expected to discuss all issues in good faith. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199914455.MAN.pdf">OPINION/ORDER</A><BR> PER CURIAM: This is a sexual harassment/discrimination suit arising out of the acts of a physical education teacher. That Plaintiffs have failed to produce any evidence that Defendants knew of or acted with deliberate indifference to Mency's misconduct. Sexually molested Plaintiffs during the 1993 1994 school year.3 There is no evidence that anyone witnessed any of these events. Or anyone at school what was happening while the events were occurring. One of the Plaintiffs confided in a friend that Mency was touching her inappropriately. Mency was subsequently convicted on six counts of child molestation and one count of criminal attempt to commit child molestation. Is currently serving a 20 year sentence. The district court went on to find that Plaintiffs also failed to produce evidence that any official with supervisory authority knew or should have known that Mency was molesting Plaintiffs. Or other places where no one could observe what Mency was doing. Plaintiffs do not argue that the district court erred in dismissing the claim against Duncan in his individual capacity. 4 favor of Duncan and DCSD on Plaintiffs' Section 1983 claim concluding that Plaintiffs could not show that Defendants either knew that Mency was harassing Plaintiffs or that Defendants acted with reckless disregard to the possibility that he would do so. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042630np.pdf">OPINION/ORDER</A><BR> The administrative action was closed in 2002. Asserting that she was the prevailing party in the administrative proceedings that occurred between 1996 and 2002.2 The district court held that plaintiff prevailed in the proceedings that occurred in 2000 and 2002 only. The district court issued a supplemental memorandum holding that plaintiff is entitled to $2. This statute was amended by the Individuals with Disabilities Education Improvement Act of 2004. Is also a named plaintiff in this action. Maria C. was diagnosed with dyslexia. She was enrolled in a special education program. Another due process hearing was convened after Maria C.'s parents alleged that the School District was failing to adhere to her IEP. Another IEP meeting was held in October 2000. Another IEP meeting was held. 160) Dissatisfied with the educational services Maria C. was receiving. Insisted that the administrative action was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/08/972626U.pdf">OPINION/ORDER</A><BR> 1997. and expenses to the Jenkins Class. 1 We affirm the order granting fees The district court held that the KCMSD was not yet unitary. 1997). dismissal of the State from the litigation. the issues were interrelated. The motion is moot. 3 1 and awarded fees and expenses in the amounts of $17. The district court found that the Jenkins Class was in a for Retarded defensive posture on these inter related claims. Was to be remedied within three years. Were essentially the factual findings undergirding the district court's approval of the settlement between the State and the KCMSD. We affirmed the district court's judgment. cannot conclude that the district court erred in finding the Jenkins Class had earned </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19949355.OPA.pdf">OPINION/ORDER</A><BR> In 1965 and 1968 the district court denied Plaintiffs relief and those denials were affirmed on Honorable John H. The percentage of white and Negro students attending the school in the County are approximately 70% white and 30% Negro. It is the purpose and intent of this Board to obtain approximate proportionate representation of each race in each school in the most efficient manner. Equal in number to 70% of the capacity of the school to which they have been assigned. Equal in number to 30% of the capacity of the school to which they have been assigned. All other students assigned to said school shall be assigned by the Superintendent and his staff to the school nearest to the residence of said student which does not then have its quota of white or Negro students as above stated. All students who have not been assigned to any school for the current Fall term. A change is educationally called for or where compelling hardship or other good reason is shown by the student. The school district's proposal was approved by court order on July 14. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0850n-06.pdf">OPINION/ORDER</A><BR> Ohio filed a request with the State Board to have their properties transferred from the CSD to the Madeira School District. The referee then weighs all the evidence and is required to consider ten specific factors before issuing a report and recommendation to the State Board. The named defendants are the State Board. Defendants filed a motion for judgment on the pleadings which was granted by the district court. The district court concluded that Plaintiffs' claims were barred by the Eleventh Amendment and dismissed the complaint with prejudice. Dismissal was proper on the basis that the claims were not ripe and on the basis that the facts required the federal court to abstain from exercising jurisdiction pursuant to Younger v. After this appeal was briefed. The state administrative proceeding to decide the transfer petition was conducted. Standard of Review Whether the district court properly dismissed a suit based on the pleadings is a question of law subject to de novo review. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/952593A.P.pdf">OPINION/ORDER</A><BR> Line 2 a comma is inserted at the end of the citation. Line 12 the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200103/99-7073c.txt">OPINION/ORDER</A><BR> Sullivan were on brief. Sally Dunaway and Melvin Radowitz were on brief for amici curiae American Association of Retired Persons and National Employment Lawyers Association. Ann Elizabeth Reesman was on brief for amicus curiae Equal Employment Advisory Council. Were on brief for amici curi ae United States of America and The Equal Employment Opportunity Commission. 2000 but continues to participate as a member of this en banc court pursuant to 28 U.S.C. s 46(c)(2). failed to establish he was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTA3MDgtY3YgdyBFcnJhdGEucGRm/06-0708-cv%20w%20Errata.pdf">OPINION/ORDER</A><BR> Their claims were not ripe. Their claims were not ripe. It </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Jan2004/001986u.pdf">OPINION/ORDER</A><BR> We will affirm the grant of summary judgment on the expungement claims and reverse on the employment discrimination and retaliation claims. It is. Williams was convicted of possession of a firearm by a convicted felon. A Presentence Report ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1596.01A">OPINION/ORDER</A><BR> Is amended by replacing the cover sheet with the attached. With whom The Law Office of Matthew Cobb was on brief for appellant. With whom Harmon & Robertson were on brief for appellant. Were on brief for Arlington School Committee and School Administration. Were on brief for Massachusetts Teachers Association and Arlington Education Association. With whom The Law Office of Matthew Cobb was on brief for appellant. With whom Harmon & Robertson were on brief for appellant. Were on brief for Arlington School Committee and School Administration. Were on brief for Massachusetts Teachers Association and Arlington Education Association. Was a high school teacher in the Arlington. Which were consolidated for trial. The complaint in this case alleged the following: a violation of 42 U.S.C. 1983 because plaintiff was deprived of his First Amendment right to freedom of speech. Which was filed on March 19. After plaintiff's motion to amend the first complaint was denied without prejudice. Alleged: that plaintiff's employment was terminated because he exercised his First Amendment right to freedom of speech. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/063005np.pdf">OPINION/ORDER</A><BR> We will affirm. Coreia was required to secure a permanent instructional certificate. Classes at Schuylkill were scheduled to begin on August 21. Schuylkill would have been subject to forfeiture penalties if it allowed him to teach. We have jurisdiction under 28 U.S.C. � 1291. Summary judgment is appropriate if </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986600.MAN.pdf">OPINION/ORDER</A><BR> Circuit Judge: The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1543.01A">OPINION/ORDER</A><BR> McCormack and Verrill & Dana were on brief for appellant. Herlan and Drummond Woodsum & MacMahon was on brief for appellees. Wytrwal was in probationary status for her first two years on the job. It is therefore waived. 970 n.4 (1st Cir. 1993) (ruling that claims not included in statement of issues have. Been abandoned and are waived). Teachers are considered for continuing contract status similar to being awarded tenure. Wytrwal contends that she was fired for stating at a school board meeting that the school's placement of special education students violated state and federal regulations. Wytrwal's first year at Saco Middle School was quite successful. She began to have some problems. Several of the more problematic students during her second year were considered by school officials extremely dangerous. Two of her second year students were on court ordered probation and. They were not supposed to have contact with each other. Present at the meeting were Wytrwal. All agree that Wytrwal spoke at the meeting and that it was unusual for a teacher to address a School Board meeting. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3421_028.pdf">OPINION/ORDER</A><BR> While he was enrolled at Franklin Middle School in Champaign. He was repeatedly molested by the school's Dean of Students. That Champaign Community Schools Unit District No. 4 and various school officials were deliberately indifferent to the abuse. Because it was relevant to his claim for compensatory damages. We conclude the Does are entitled to a new trial for three reasons. I. BACKGROUND John Doe first enrolled at Franklin Middle School in 1993 as a sixth grader.1 The parties do not dispute that Doe was 1 John Doe and the other putative victims are all African Americans. Smith is Caucasian. Underprivileged African American boys because they were particularly vulnerable and less likely (continued...). No. 04 3421 3 a troubled child whose classroom conduct was disruptive at times. Smith would often seek out Doe on the playground and order him to Smith's office because he was a troublemaker.2 At trial. Smith invited Doe to have breakfast with him. Was the beginning of the molestation. Sexual grooming is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/07/001408P.pdf">OPINION/ORDER</A><BR> Finding that she was not under a disability as defined by the Social Larry Massanari has been appointed to serve as Acting Commissioner of Social Security and is substituted as appellee pursuant to Fed. I Howard was 50 years old at the time of her hearing before the ALJ. The surgery was deemed successful. District Judge for the Southern District of Iowa. 2 determined that Howard was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/03/046079P.pdf">OPINION/ORDER</A><BR> The loans were guaranteed by New York State Higher Education Services Corporation. There were four loans of $5. The United States Bankruptcy Court for the District of Colorado ruled that Woodcock's student loans were not dischargeable under 11 U.S.C. � 523(a)(8). Woodcock filed a motion for reconsideration which was denied. Holding that his fourth loan exceeded the maximum period and was. Holding that there were applicable suspensions of repayment on his first three loans and excepting the loans from discharge. Woodcock's student loans were assigned to the U.S. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july99/97-6898.man.html">CHANDLER V. JAMES (7/13/1999, NO. 97-6898)<BR></A><BR> Because the states are bound by the First Amendment. We shall affirm the judgment of the district court as to the Governor's appeal.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july99/97-6898.man.html">CHANDLER V. JAMES (7/13/1999, NO. 97-6898)<BR></A><BR> Because the states are bound by the First Amendment. We shall affirm the judgment of the district court as to the Governor's appeal.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ABF4196169B4641388256B9C004D7417/$file/9936035.pdf?openelement">OPINION/ORDER</A><BR> Paige is substituted for his predecessor. Is hereby amended as follows: Page 16395. That the regulations were contrary to Congress's intent and that these funds from a separate. Are federal reserve fund assets. Was inconsistent with Congressional intent and the underlying purposes of the HEA and that these funds from a 5565 separate. The petition for rehearing and the petition for rehearing en banc are DENIED. We are asked to interpret a difficult contract and attempt to devine what the Congress meant in portions of the Higher Education Act (Act). We suppose the complexity of the case is demonstrated by the fact that both parties appeal from the judgment of the district court. Secretary) argue that the district court erred both in holding that the Secretary was in breach of his obligations to the Student Loan Fund of Idaho. We have jurisdiction of the timely filed appeal and cross appeal pursuant to 28 U.S.C. � 1291. I. SLFI is a private non profit corporation that began in the late 1970s to function as a guaranty agency under the Federal Family Education Loan Program (Loan Program). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1689.01A">OPINION/ORDER</A><BR> Goble</U> was on brief. Manasevit</U> were on brief. 2001 </TD> <TD></TD></TR></TABLE> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTA5MDUtY3Zfb3BuLnBkZg==/04-0905-cv_opn.pdf">OPINION/ORDER</A><BR> The district court held that this claim was precluded by an earlier hearing under Section 3020 a of the New York Education Law. Circuit Judge: The facts in this case are largely uncontested. Where facts are contested. We accept the plaintiff's account because this is an appeal from a grant of summary judgment. 1 was precluded by an earlier hearing conducted pursuant to Section 3020 a of the New York Education Law and dismissal of her petition for review of that hearing in New York Supreme Court under Section 7511 of the New York Civil Practice Law and Rules. Burkybile contends that the Section 3020 a hearing was a labor arbitration. Should not have any preclusive effect under the rule of McDonald v. We hold that the Section 3020 a hearing is a quasijudicial administrative action whose findings are entitled to preclusive effect under University of Tennessee v. These claims have not been argued on appeal and we therefore do not address them. 2 1 argument that her retaliation claim survived the Section 3020 a hearing. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/08/01-4135.htm">01-4135 -- PETA V. RASMUSSEN -- 08/07/2002<BR></A><BR> About twelve protesters were present. Including two who were arrested for trying to remove the McDonald's flag from the flagpole. Which is the only one that occurred during school hours. <p> At the January 13 demonstration. There is no claim regarding the January 13 protest. <p> On January 19. Meat Eaters who are Thankful for Animals. We will arrest you. After being asked to leave by the chief administrative official of that school or his representative or agent is guilty of an offense and shall be punished as <a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/02/011372P.pdf">OPINION/ORDER</A><BR> He is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug97/94-8204.opa.html">MILLS V. FREEMAN<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Mills v. The Court's subsequent order in <i>Brown II</i> that all segregated schools were to desegregate with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3562_009.pdf">OPINION/ORDER</A><BR> Most of these unfortunates have a mental age of less than 18 months and cannot walk or talk or perform even the simplest daily living task without assistance. Or experience required for the position was a bachelor's degree in any field. Section 1182(a)(5)(A)(i) of Title 8 forbids an alien's entering the United States </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june96/94-4754.opa.html">CORALLUZZO V. EDUCATION MANAGEMENT CORP.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Coralluzzo v. Which was grounded on the failure of the jury to award damages for indisputable pain and suffering and loss of consortium. We affirm on the ground that the plaintiffs failed to object to the jury verdict at the time it was returned and did not request that the damages issue be resubmitted so that the jury could remedy the legal defect before it was discharged.<p> This Court has repeatedly held that all challenges to the inconsistency of special verdicts must be raised before the jury is excused. <i>Golub v. 1226 (11th Cir.1991).<p> This waiver rule is governed by federal law. <i>See Geneva County Bd. of Educ. v. 1443 (8th Cir.1994) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/08/063021P.pdf">OPINION/ORDER</A><BR> One of which is known as the Urban Campus. Gilbert served as Urban Campus Provost2 of DMACC's Urban Campus and was responsible for the operation and administration of that campus. Was ranked twelfth. An application was submitted by another African American candidate. The title for this position later was changed to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C8A550ADC8E01D0C88256D9E007B7B0B/$file/0116791.pdf?openelement">OPINION/ORDER</A><BR> The Uniform Code of Military Justice has criminalized sex between service members of the same gender and provided that such conduct is an offense punishable by court martial. 10 U.S.C. � 925. Which limits the basis under which a service member will be ordered separated from the armed services for violations of � 925. Don't Tell </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200503/03-7174a.pdf">OPINION/ORDER</A><BR> With her on the brief were Carol B. Some of which were attended by an observer from WMATA's Office of Civil Rights. Thomas how each time Gary Lewis selected the panel I was . . . denied the promotion because Mr. Were discriminatory against Latino people. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june96/94-4754.opa.html">CORALLUZZO V. EDUCATION MANAGEMENT CORP.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Coralluzzo v. Which was grounded on the failure of the jury to award damages for indisputable pain and suffering and loss of consortium. We affirm on the ground that the plaintiffs failed to object to the jury verdict at the time it was returned and did not request that the damages issue be resubmitted so that the jury could remedy the legal defect before it was discharged.<p> This Court has repeatedly held that all challenges to the inconsistency of special verdicts must be raised before the jury is excused. <i>Golub v. 1226 (11th Cir.1991).<p> This waiver rule is governed by federal law. <i>See Geneva County Bd. of Educ. v. 1443 (8th Cir.1994) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb2000/995111.txt">OPINION/ORDER</A><BR> Their child was subjected to an unconstitutional search and that. Plaintiffs argue that the school's drug policy is unconstitutionally vague and assert a state law claim for assault and battery against the health care provider and nurse ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1520.01A">OPINION/ORDER</A><BR> Were on brief for appellants. Pillsbury and Murphy P.C. were on brief for appellees. This is an appeal by defendants appellants. The attorney's fees award was the aftermath of a dispute between plaintiffs and defendants over the special education services to be provided Alison H. by defendants. Which is not attacked by plaintiffs. Was entered into prior to a hearing before the Massachusetts Bureau of Special Education Appeals. Plaintiffs demanded attorney's fees from defendants on the basis that they were the prevailing parties and were therefore entitled to attorney's fees pursuant to 20 U.S.C. 1415(i)(3)(B). Suit was brought seeking an order awarding plaintiffs attorney's fees. The only one we discuss is dispositive of the appeal so we do not consider the others. Because this is an appeal from a grant of summary judgment our standard of review is de novo. Plaintiffs cite a host of Massachusetts cases to the effect that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1873_007.pdf">OPINION/ORDER</A><BR> Believes that he is entitled to constructive service credit for a long ago completed master's degree. Concluding that the denial of credit to Smith was neither arbitrary nor capricious. Smith was commissioned through the Reserve Officer Training Corps and accepted a U.S. He was awarded four years' constructive credit for the time spent earning his medical degree and. Was awarded the rank of captain. Smith was promoted to major in 1984 and to lieutenant colonel in 1990. Although he was considered several times for the rank of colonel. He was awarded slightly more than two years' credit and. Was considered for retroactive promotion to major by a special promotion selection board. Lieutenant colonel all should have been adjusted and that he should have been retroactively promoted to colonel as well. The district court granted summary judgment to the Secretary and the Board (which are functionally the same party Smith neither gains nor loses anything by naming the Board separately). The decisions of such boards </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2492.01A">OPINION/ORDER</A><BR> Were on brief. Duncan</U> were on brief. <U>Circuit Judge</U>.</STRONG></FONT><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTkwMTFfc28ucGRm/03-9011_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200605/05-7001a.pdf">OPINION/ORDER</A><BR> With him on the brief were Robert J. Because it was included in an appropriations act. If � 140 is read to extend beyond fiscal year 2002 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/03-5180.pdf">OPINION/ORDER</A><BR> With her on the brief were Peter D. Are undisputed. The College was a private. The padlocks were removed and students returned. It is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-8022.01A">OPINION/ORDER</A><BR> Were on brief for Philip Morris appellants. Were on brief for United States Tobacco Company appellants. Were on brief for appellees. The specific plaintiffs appellants are Philip Morris Incorporated. The specific defendants appellees are L. We consider the statutes' respective texts along with the relevant historical and legislative contexts in which they were enacted. Normally we consider the record evidence with respect to each motion separately </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/033285p.pdf">OPINION/ORDER</A><BR> Parents or guardians of those students who have declined to join in the recitation or salute the flag. � 7 771(c)(1). We hold that the parental notification provision of the Act violates the school students' First Amendment right to free speech and is therefore unconstitutional. We will therefore affirm the District Court's judgment. The supervising officer of a school subject to the r e q u i r e m e n t s o f t h is subsection shall provide written notification to the parents or guardian of any student who declines to recite the P ledge of Allegiance or who refrains from saluting the flag. (2) This subsection shall not apply to any private or parochial school for which the display of the flag. The recitation of the Pledge of Allegiance or the salute of t h e flag violates the religious conv iction on which the school is based. � 7 771(c). Schools were not required to have a flag in every classroom and recite the Pledge of Allegiance or the national anthem every day: This bill would require [that every school day is started with the Pledge or national anth em.]. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/jan96/94-6335.html">EAGON V. CITY OF ELK CITY<BR></A><BR> Plaintiffs cross appeal from an order of the district court holding that the individual defendants were entitled to qualified immunity from damages. While injunctive and declaratory relief was granted (No. 94 6336). We have jurisdiction pursuant to 28 U.S.C. 1291. I Ackley Park is a public park in Elk City. Clubs have been allowed to erect displays. In December 1992 plaintiff Mayberry was instructed to take down his display for the Beckham County Teenage Republican Club by Nelda Burch because his sign </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F6D19B57DA7B0ADC88256FEA000AC773/$file/0371129.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. Circuit Judge: The question before us is whether under our immigration laws asylum may be granted to the parents of a disabled child who has been persecuted in his native land on account of his disability or whether. We are compelled to force the family to return involuntarily to its home country where the child is likely to face further persistent and debilitating persecution. The parent who is seeking asylum and withholding in this case is eligible for the former relief and entitled to the latter. We hold that the parent's spouse and the disabled child are eligible for asylum by virtue of their derivative applications and are also entitled to withholding of removal. I. FACTUAL AND PROCEDURAL HISTORY Evgueni Tchoukhrova was born in 1991 in Vladivostok. Was retrieved from the disposal bin. She was told that he was severely disabled and that she should </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1102_021.pdf">OPINION/ORDER</A><BR> The central issue in this case is whether a regulation promulgated by the Secretary of Education that allows the assessment of collection costs on defaulted student loans to be done on a formulaic basis was a permissible implementation of the governing statute. We agree with the district court that the regulation was a permissible one. (At the time Barnes's loans were issued. A borrower was in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/05/051182P.pdf">OPINION/ORDER</A><BR> Specifically determining that among issues not within the IDEA were: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/06/981130P.pdf">OPINION/ORDER</A><BR> The case is being decided by the remaining members of the panel pursuant to 28 U.S.C. � 46(6) and 8th 22 1 WOLLMAN. A jury found that Padilla's First Amendment rights were violated when the District voted not to renew his contract because of statements he made while testifying in a criminal trial. I. Padilla was hired by the District in August 1991 as a junior high physical education teacher and a high school athletic coach. He was considered a probationary teacher under Missouri law because he had less than five years of teaching experience. A long time teacher and coach in the District was accused of and eventually pleaded guilty to sodomizing two boys and sexually abusing two other boys between 1989 and 1992. Was boasting to her friends about her infatuation with Padilla. Doe repeated the story but said that it was Padilla with whom she had had the sexual encounter. Musgrove replied that such a meeting was unnecessary because Padilla had the full support of Musgrove and the school board. Whereupon Musgrove told him that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug97/94-8204.opa.html">MILLS V. FREEMAN<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Mills v. The Court's subsequent order in <i>Brown II</i> that all segregated schools were to desegregate with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/04/061870P.pdf">OPINION/ORDER</A><BR> This opinion is being filed by the remaining judges of the panel pursuant to 8th Cir. I. Background Independent School District No. 196 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/04/042299P.pdf">OPINION/ORDER</A><BR> The district court found that the University's campus was a nonpublic forum and that all the challenged restrictions on speech were reasonable. I. Gary Bowman is a professing Christian who engages in street preaching about his religious beliefs and convictions as a tenet of his faith. Bowman considers the University a uniquely suitable place to communicate his message because of its close proximity to his residence in Oklahoma and the significant number of students that can be found in outdoor areas. 2 The University is the flagship campus of the University of Arkansas System. Bowman is classified as a Non University Entity.2 The Policy places a five day cap per semester per entity on the use of facilities and outdoor space by Non University Entities. A reservation is required regardless of the use that will be made of the space. The Policy further prohibits the use of space by Non University Entities during so called Use of indoor space is governed by individual use policies which are not at issue in this case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/01/951829P.pdf">OPINION/ORDER</A><BR> The State argues that the Jenkins class attorneys are not entitled to fees because ShareNet was not proposed as part of the remedy. The court rejected the State's arguments that the class was not a prevailing party because it did not obtain a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTQ0MDRfc28ucGRm/04-4404_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200210788.pdf">OPINION/ORDER</A><BR> This case is being decided by quorum due to the death of Judge Nelson on 17 May 2003. Claiming that repayment of his student loans will result in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/12/961785P.pdf">OPINION/ORDER</A><BR> Rebecca Hoekstra is a fourteen year old Minnesota public school student who suffers from achondroplasia and a central auditory processing disfunction. The parties were unable to resolve their disputes. The hearing was held on ten non consecutive days in March and April 1994. The hearing officer (HO) determined Rebecca's educational program was procedurally flawed. When Rebecca was in the third grade. It is therefore unnecessary for us to reach the issues underlying the � 1983 claim. Held that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961107.P.pdf">OPINION/ORDER</A><BR> Line 3 the spelling of counsel's name is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTIzODJfc28ucGRm/05-2382_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/June1995/95a1070p.txt">OPINION/ORDER</A><BR> The Board of Directors of City Trusts [Board] appeals the district court's order finding that the Board and Girard College [College] were included in a certified class involving a nationwide class action suit against Uniroyal and numerous other defendants in regard to the presence of asbestos in public and private schools. Because the district court found the appellants were members of the class. The Board was enjoined from pursuing its own state asbestos lawsuit against Uniroyal. Was bound by the Uniroyal settlement. It was necessary in aid of the court's jurisdiction to enjoin the appellant's state court action. I. The Board was created by a Pennsylvania statute in June 1869 to act as a trustee in administering a number of estates and trusts for the benefit of the City of Philadelphia.[fn1] The estate involved here is the Estate of Stephen Girard. The Girard Estate is the largest estate and trust owned and administered by the Board. Girard College was established as an institution for orphan children in Philadelphia. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1140.01A">OPINION/ORDER</A><BR> Amadeo Semidey was on brief for appellant. Were on brief for appellees. We simply have no basis for decision on this record and remand to the district court for hearing and an articulated determination. The question is whether the court. Could have found that Lamec had demonstrated a likelihood of success in establishing that the Secretary improperly terminated its eligibility. We have no difficulty in concluding that such a finding would lack support. The skeletal facts are the following. A branch campus that is sold as an independent school must be re accredited as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/10/97-2150.htm">97-2150 -- ARMIJO V. WAGON MOUND PUBLIC SCHOOLS -- 10/28/1998<BR></A><BR> Armijo ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3045.pdf">OPINION/ORDER</A><BR> Of counsel was Richard Segerblom. With him on the brief were Peter D. Finding that White did not have a reasonable belief that he was disclosing gross mismanagement. BACKGROUND White was employed by the Department of the Air Force ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4591_023.pdf">OPINION/ORDER</A><BR> Alleging that he was terminated and later. Perez was discharged. The Commission's Administrative Law Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct2000/003050.txt">OPINION/ORDER</A><BR> The School District argues that the meeting for which attorneys' fees were awarded was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/06/02-6304.htm">02-6304 -- GARRETT V. NEBRASKA HIGHER EDUCATION LOAN PROGRAM INC. -- 06/03/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Curtis Wesley and Janet Laverne Garrett (Debtors) appeal from the decision of the Bankruptcy Appellate Panel (BAP) holding that the bankruptcy court properly denied them a discharge of their student loan debts because they failed to satisfy the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/10/974112P.pdf">OPINION/ORDER</A><BR> The question before us is whether the State of Missouri or the Kansas City. Because the district court's order holding KCMSD liable is predicated on an interpretation of the settlement agreement in direct conflict with our earlier interpretation of the same agreement. The district court simultaneously denied the State's motion to have the KCMSD declared unitary and approved a settlement agreement between the State and the KCMSD permitting the State to satisfy any further obligations to the KCMSD in the Jenkins litigation by the payment of $320 million. The State argued that it was no longer liable to do anything other than pay the $320 million agreed to in the settlement. The district court 3 interpreted the agreement to relieve the State of liability for the Jenkins class's fees: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/11/97-3221.htm">97-3221 -- ALLEN V. BOARD OF EDUCATION UNIFIED SCHOOL DISTRICT 436 -- 11/04/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Carlton Allen appeals from the district court's grant of summary judgment to defendants on his age discrimination claim. Plaintiff presents and discusses evidence supporting various arguments which were not before the district court on summary judgment. We will not consider arguments not raised below. <u>See</u> <u>Walker v. The judgment of the United States District Court for the <a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FE05EEE79C2A97B688256BE3007FEE32/$file/0016423.pdf?openelement">OPINION/ORDER</A><BR> Bush is substituted for his predecessor. By his daughter's public school teacher are violations of the Establishment Clause of the First Amendment to the United States Constitution. FACTUAL AND PROCEDURAL BACKGROUND Newdow is an atheist whose daughter attends public elementary school in the Elk Grove Unified School District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTI5NjctY3Zfb3BuLnBkZg==/05-2967-cv_opn.pdf">OPINION/ORDER</A><BR> That a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4053_014.pdf">OPINION/ORDER</A><BR> Who initially was supervised by Ms. Merillat's title was Purchase Manager. Merillat admitted that some of her computer tasks were redundant. Maintains that Metal Spinners failed to give her the computer upgrades and training that would have enabled her to create all necessary reports on only one program. Wehr was 38 years old when he was hired. His starting salary was $62. Merillat helped to train Wehr after he was hired. Were terminated on June 3. Two other individuals were terminated on June 4. He was allowed to return to a former position on the production floor. Merillat was 49 years old. Wehr was 38 years old. Are now performed by the Vantage computer system. Merillat's tasks have been absorbed into the positions occupied by Wehr and Stevenson. 4 B. Merillat could not establish two elements of the McDonnell Douglas prima facie test: that she was performing her job to her employer's reasonable expectations and that similarly situated employees outside of the protected classes were treated more favorably than she. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar1997/97a1546p.txt">OPINION/ORDER</A><BR> Circuit Judge: This action was brought before the United States District Court for the District of New Jersey pursuant to the Individuals with Disabilities Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/10/03-3021.htm">03-3021 -- SCHERER V. U.S. -- 10/17/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Thomas E. 1291 and affirm. <p> A district court's rulings on motions for default judgment and motions to strike will not be disturbed absent an abuse of discretion. <em> See Ashby v. The motion was filed before defendants were properly served. <em>Id.</em>. A defendant is to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2001/00-14650.man.html">OPINION/ORDER</A><BR> Chief Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4047_010.pdf">OPINION/ORDER</A><BR> Holding that Humphries could not establish his prima facie burden of showing that a similarly situated individual in a non protected class was treated more favorably. 2 No. 05 4047 We reverse the district court's grant of summary judgment as to Humphries's retaliation claim because Humphries made a sufficient showing under the indirect method to establish a prima facie case of retaliation under section 1981. I. BACKGROUND The following facts are recounted in the light most favorable to Humphries. Was an associate manager at a Cracker Barrel restaurant in Bradley. Associate managers at Cracker Barrel are supervised by a general manager. Who in turn is supervised by a district manager. His performance during his first two and a half years (roughly February 1999 through midJuly 2001) was generally excellent. Such as stating that all African Americans are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2001/00-14650.man.html">OPINION/ORDER</A><BR> Chief Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9BF7269BE348D0F788257077004F61F8/$file/0316535.pdf?openelement">OPINION/ORDER</A><BR> Are amended as follows: At slip op. 14. That the Act was not susceptible to a First Amendment compelled subsidy challenge because the assessments funded government speech. He would now remand to the district court pursuant to the Court's statement in Johanns that an as applied challenge might lie </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0434p-06.pdf">OPINION/ORDER</A><BR> Was not appointed to the new position as the Director of Schools for the county system following the publication of a newspaper article which announced that he would be the featured speaker at a convention sponsored by a church with a predominantly homosexual congregation. Scarbrough was elected superintendent of Morgan County Schools. Five candidates were selected by the TSBA for the Board's consideration. Were among these five candidates. Scarbrough was unaware at the time that Metro had a predominantly gay and lesbian congregation. Ultimately he was unable to accept the invitation and so declined. The article further stated that Metro was a predominantly gay and lesbian Christian church. Randy Harlan became concerned that Scarbrough was putting the school's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972218.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The courseware is written by training consultants in Hunter's Education Services Group. Who often have little or no experience with the PeopleSoft product. Susan Smith managed the Education Services Group and was the direct supervisor of the training consultants. The Agreements are identical. They have 3 been engaged in taking PeopleSoft classes. Several of the individual defendants are developing courseware on the same PeopleSoft products for which they wrote courseware at Hunter. Is developing a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2176.01A">OPINION/ORDER</A><BR> Was on brief. Rudisill</U> and <U>Pierce Atwood</U> were on brief. 50 (1st Cir. 2001).</FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/962544.P.pdf">OPINION/ORDER</A><BR> The table displays are set up and stocked entirely by private citizens who are not affiliated in any way with the schools. No one is allowed to enter classrooms to announce the availability of the religious or political material. No school announcement or assembly is allowed to mark the availability of the Bibles or any other religious or political material. School principals are charged with ensuring strict compliance with these guidelines. Westfall or school activity personnel </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3092.PDF">OPINION/ORDER</A><BR> Glen Hefferman was the first white basketball coach in approximately 30 years at the majority African American Malcolm X Community College (Malcolm X). The news of Hefferman's hiring was big enough to make the April 4. Where he will be merely the school's fourth head coach in four years. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-2157.01A">OPINION/ORDER</A><BR> Appellant Christopher Amann is a child with learning disabilities who lives in Stow. Appellant Richard Amann is Christopher's father. The Town was obligated under the Individuals With Disabilities Education Act (IDEA). The BSEA hearing officer decided that Stow's proposed IEP was legally adequate. Seeking </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/March2003/023128p.pdf">OPINION/ORDER</A><BR> Appeals from an order of the District Court affirming the decision of the Administrative Law Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992180.U.pdf">OPINION/ORDER</A><BR> JD Unpublished opinions are not binding precedent in this circuit. Thereafter he was hospitalized at one psychiatric hospital for six days and took part in an intensive out patient program at another for four weeks. J.D.'s parents told Catoctin officials that J.D. was involved with marijuana. J.D.'s father testified that he told Catoctin officials that J.D.'s drug usage was significant but that J.D. also had separate and distinct emotional problems. Which were interrelated. After a summer in which J.D. was arrested for assaulting three police officers. He was often a truant and on September 19. He was again hospitalized at a psychiatric hospital. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3933.PDF">OPINION/ORDER</A><BR> Gabrielle was one of roughly 20 students in Mary Mulry's class. Which was also supervised by teacher's aide Elizabeth Roselli. Mulry's classroom was one of seven kindergarten classes at the school that year. Crying at the door when it was time to go. Jason was suspended from recess for the rest of the week. Was not in his office. A student told Mulry that Jason had unzipped his pants and was showing other students his underwear while her back was turned. McJimpsey told Jason that his behavior was inappropriate and warned him not to repeat it. Was also putting her hands down other students' pants. Anthony sent for Gabrielle and another girl when the children in his office told him that the two girls were also involved. Anthony told them that their behavior was inappropriate and that they should tell their parents or teachers when such things occurred. Anthony reported that it was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991319.P.pdf">OPINION/ORDER</A><BR> We reverse this decision and uphold the constitutionality of Regulation 61 12 because (1) the Regulation serves a valid state interest and is little more than a codification of national medical and abortion association recommendations designed to ensure the health and appropriate care of women seeking abortions. Are even yet modest and have not been shown to burden the ability of a woman to make the decision to have an abortion. (4) abortion clinics may rationally be regulated as a class while other clinics or medical practices are not. South Carolina regulated clinics at which secondtrimester abortions were performed. The South Carolina legislature amended its statute to require any </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-2176.01A">OPINION/ORDER</A><BR> 1996 is amended as follows: On page 2. Only those losses that Royal reasonably could have foreseen. Kelly and Cetrulo & Capone were on brief for appellant. Was on brief for appellee. The jury could have found the following. Was a distributorship for Andover Tractor Trailer School ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug96/95-8793.opa.html">MIZE V. JEFFERSON CITY BD. OF ED.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Mize v. Donna Mize alleges that she was fired in retaliation for comments she made concerning the disciplinary treatment of one of her students. We agree with the district court that Mize has failed to present evidence sufficient to demonstrate that her discharge was based on her statements. We affirm the grant of summary judgment in favor of defendants.<p> I.<p> <p> Mize was employed as an untenured special education teacher in the Jefferson City. This was her third year of employment in a program that provided teachers for children with mental disabilities in three school districts. The program was supervised by Dr. Special education director for the Jackson County School District.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/97-9199.man.html">UNITED STATES V. GEORGIA (4/8/1999, NO. 97-9199)<BR></A><BR> Ruling that continued federal court supervision of the Troup County School District was inappropriate. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06A0476P-06.pdf">OPINION/ORDER</A><BR> The proposal was scheduled to go into effect on December 23. At stake today is whether the federal courts should permit this state initiative to go into effect or whether we should preliminarily enjoin it in part in the part. That is. Uncertainty about the law's impact on current admissions policies and uncertainty about changing admissions policies in the middle of the current enrollment season we are unable to identify any tenable basis under federal law for suspending the law's enforcement. We have no choice but to permit its enforcement in accordance with the state law framework that gave it birth. I. Legal and policy debates about admissions preferences in the university setting are not new to the people of Michigan. The executive director of which is Jennifer Gratz. Fourth: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0343p-06.pdf">OPINION/ORDER</A><BR> Flaskamp had to serve a four year probationary period before she was eligible for tenure. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4A0A2711416534A188256C1300133BF7/$file/0155930.pdf?openelement">OPINION/ORDER</A><BR> We consider the extent to which the First Amendment and due process guarantees are implicated when a graduate student's thesis committee declines to approve a thesis that meets academic and professional standards in all respects except one: The acknowledgments section does not conform to established academic and professional standards. Who are university professors and officials. LI 11779 FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Christopher Brown was a master's degree candidate in the Department of Material Sciences at the University of California at Santa Barbara ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033426p.pdf">OPINION/ORDER</A><BR> Esquire This case was argued before the panel of Judges Ambro. It is filed by a quorum of the panel. 28 U.S.C. � 46(d). Atkinson was hired in December of 1989. [Lafayette College] is pleased to appoint you to the position of Director of Athletics and Professor and Head. It is further understood that your initial appointment will be through June 30. Tenure as described in the following paragraphs is defined as continuity of service. Professors shall have tenure except on an initial appointment to the Lafayette College Faculty. For those not on tenure a decision must be reached by September 1 of the last probationary year as to whether or not tenure will be granted. Will tenure be granted by default. It is the responsibility of the individual concerned to notify his Department Head of a failure to receive written notification with regard to his continued employment. Atkinson claims that she was subjected to gender discrimination by her supervisor. That she was subjected to unlawful retaliation. President Rothkopf expressed his belief that the Lafayette College Athletic Department would benefit from new leadership.2 Believing that she was a tenured member of the faculty. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/00a0142p-06.pdf">OPINION/ORDER</A><BR> Because the record demonstrates that plaintiff did not receive an assignment as a school bus driver because he was caught drinking on the job. Plaintiff was hired by defendant as a bus driver in 1984. He is a member of the union. In 1991 he bid for and was awarded a custodial position with defendant. Even though his shift was not over. We will assume without deciding that defendant does perceive that plaintiff suffers from alcoholism. Defendant stated that plaintiff was denied the jobs as a bus driver and garage worker in 1994 based on the 1991 beer drinking incident during work hours at an elementary school. The plaintiff cannot force defendant to hire him as a school bus driver when there is a serious risk that he may again drink on the job. Have an accident and kill a group of school children. Any suggestion to the contrary is absurd on its face. If an accident should occur and students were injured or killed. Plaintiff has not demonstrated that this stated reason is a pretext for any unlawful discrimination. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0401p-06.pdf">OPINION/ORDER</A><BR> Who is African American. Nondiscriminatory reasons given by the University for not renewing her contract were a pretext to disguise racial discrimination. Carter's assistant professorship was a tenure track faculty position. Who was then Interim Dean of the College of Education. John who were all Caucasian. Carter was not the only visiting professor whose contract was not renewed for the 2000 2001 academic year. Who like Carter was teaching in the EDAS program. Were reappointed for 2000 2001. John and Stibbe are Caucasian. Were rehired for the following academic year. Three new visiting professors were hired in the EDAS program for the 2000 2001 academic year. One was Bunk Adams. Who is African American. The other two were Sandra McKinley and Robin Rayfield. Volunteered that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/11/036056P.pdf">OPINION/ORDER</A><BR> The loans were guaranteed by New York State Higher Education Services Corporation. There were four loans of $5. The United States Bankruptcy Court for the District of Colorado ruled that Woodcock's student loans were not dischargeable under 11 U.S.C. � 523(a)(8). Woodcock filed a motion for reconsideration which was denied. The district court affirmed the bankruptcy court's determination that the student loan debts were not discharged. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0135n-06.pdf">OPINION/ORDER</A><BR> The decision of the district court is AFFIRMED in part and REVERSED in part. The case is REMANDED to the district court for further proceedings. Was hired by the Highland Park School Board (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr1998/98a1821p.txt">OPINION/ORDER</A><BR> The district court's grant of summary judgment was based on its conclusion that the FHC lacked standing under Article III of the United States Constitution to maintain this suit. Because we are convinced by the unique set of facts surrounding the section 3604(c) claims that the FHC has failed to satisfy the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/09/043656P.pdf">OPINION/ORDER</A><BR> (1) SE Timber was unable to prove that Benham's acts amounted to legal malpractice and (2) SE Timber was unable to show as a matter of law that but for Benham's negligence. It could have won a trial concerning the fair value of the stock it acquired in the merger. This amount was approved as fair value by all but one of First Land and Timber's stockholders. Because Stoney was not licensed to practice in Arkansas. Benham informed Pictet that he was representing SE Timber concerning Pictet's claims. A copy of which was also sent to First Land and Timber. Demanding a fair value estimate of First Land and Timber's stock at $88 million instead of $65 million.1 Pictet also stated that the demand was made pursuant to Ark. This offer was rejected on January 15. In a letter that was virtually identical to the letter sent by Pictet on October 30. 1998 letter would trigger the 60 day rule. 1 This estimate was based on a bid from a company called MERL. The offer was unacceptable because First Land and Timber wanted to sell its assets. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200510341.pdf">OPINION/ORDER</A><BR> Circuit Judge: This is the Cobb County. They have appealed asking us to reverse the district court's judgment. Whether we should reverse or affirm the judgment depends on the evidence that was before the district court. We cannot tell from the record what that evidence was. The attorneys have not been able to identify what was omitted. The problems presented by a record containing significant evidentiary gaps are compounded because at least some key findings of the district court are not supported by the evidence that is contained in the record. We have concluded that the unfilled gaps in the record. For reasons we will explain. We have decided the best thing to do is remand 3 the case to the district court in order for it to conduct new evidentiary proceedings and enter a new set of findings based on evidence in a record that we will be able to review. The difficulty of an uncertain record and missing evidence is especially vexing in an Establishment Clause case because in this area of the law the devil is in the details. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2749_018.pdf">OPINION/ORDER</A><BR> A vote of the active members of the court on whether to grant rehearing en banc was requested. A majority of the judges have voted to deny the petitions.OE The petitions are therefore DENIED. The qualification in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3BC4CBC4E3F50F418825715600022D4D/$file/0457037d.pdf?openelement">OPINION/ORDER</A><BR> The school authorities have offered no lawful justification for banning Harper's t shirt and the district court should therefore have enjoined them from doing so pending the outcome of this case. The district court should have enjoined the policy as well. Which is governed by Hazelwood School District v. It is governed by Bethel School District No. 403 v. All other speech falls into the third category and is governed by Tinker v. Harper's t shirt was clearly not school sponsored. It was a closer question whether Harper's t shirt involved plainly offensive speech. Explaining that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3648.PDF">OPINION/ORDER</A><BR> The caseworkers removed eleven year old John Doe Jr. from his fourth grade classroom and interviewed him about corporal punishment that he and other students may have received and certain family matters. Arguing that they were entitled to qualified immunity from the plaintiffs' suit. Although we conclude that some of the actions taken by the defendants during the course of the Bureau's investigation were unconstitutional. Agree with the district court that the caseworkers are entitled to qualified immunity from plaintiffs' suit. The district court's decision is. If the report is screened in. An intake supervisor will assign it an urgency level to determine how quickly an investigation must be initiated. After the file is received by a field office. Who is then required to contact the reporter(s) (of child abuse). If the alleged maltreater is a parent. It was given a 24 hour urgency designation and assigned to John Wichman. That they had advised her 2 When a child is enrolled at Greendale. Parents are given a copy of the school's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/05/006007P.pdf">OPINION/ORDER</A><BR> The bankruptcy court1 found that Cline's student loan debt was discharged on the basis of undue hardship. Because the findings of the bankruptcy court are not clearly erroneous. BACKGROUND Cline is thirty five years old and single with no dependents. Cline's obligation is payable over ten years in monthly installments of $613. The loans are payable over twelve to thirty years in monthly installments of $394. Although Cline is highly educated and works in her field as a caseworker for the Missouri Department of Family Services. Her annual income was approximately $22. United States Bankruptcy Court for the Western District of Missouri. 2 1 her net monthly income is $1. Cline listed expenses that the court properly found were modest and reasonable. The determination that requiring a debtor to repay student loans would constitute an undue hardship is a factual finding and is reversible only for clear error. Unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor's dependents. 11 U.S.C. � 523(a)(8). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012413.P.pdf">OPINION/ORDER</A><BR> Section 2 the term </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may97/95-2968.opa.html">ZIPPERER V. SCH. BD. OF SEMINOLE COUNTY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Zipperer v. BACKGROUND<p> <p> Elizabeth Zipperer and her minor son Scott initiated an administrative due process hearing under the IDEA to establish that Scott was disabled and thus entitled to special education services. There is no dispute that the Zipperers were the prevailing party at the administrative hearing.<p> The Zipperers. Because the IDEA is silent regarding the time period for filing an action. The notice of appeal was filed with the district court on July 28. The Zipperers alleged that the seven day delay in the delivery of the notice of appeal was unexpected in view of the normal three day course of delivery. We consider whether the Zipperers' claim for attorneys' fees was barred by a thirty day statute of limitations.<p> A. 74 L.Ed.2d 225 (1982) (holding that a timely notice of appeal is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2003/01-14680.opn.html">UNITED STATES V. FRAZIER (2/26/2003, NO. 01-14680)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/03/99-2290.htm">99-2290 -- WATSON V. BECKEL -- 03/19/2001<BR></A><BR> District Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958793.OPA.pdf">OPINION/ORDER</A><BR> Donna Mize alleges that she was fired in retaliation for comments she made concerning the disciplinary treatment of one of her students. We agree with the district court that Mize has failed to present evidence sufficient to demonstrate that her discharge was based on her statements. I. Mize was employed as an untenured special education teacher in the Jefferson City. This was her third year of employment in a program that provided teachers for children with mental disabilities in three school districts. The program was supervised by Dr. Special education director for the Jackson County School District. 1 The two individual defendants in this case are Dr. Mize was employed for a renewable one year term. Mize's contract was not This claim is renewed because her performance was inadequate. supported by considerable evidence. Galis also testified that based on many visits to Mize's classroom she felt that Mize was not adequately attending to the needs of her students. This testimony was corroborated by Jefferson City. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-1301.01A">OPINION/ORDER</A><BR> It is the Commonwealth\'s DOE that is\ responsible for the education of students. <span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1810.01A">OPINION/ORDER</A><BR> The Administrative Law Judge (ALJ) found that Oyola was not disabled at step five of the sequential evaluation process set out in 20 C.F.R. 404.1520(f). The ALJ determined that Oyola's epilepsy was a severe impairment which precluded him from returning to his previous employment. That Oyola did not have a disabling emotional or mental condition. Although the ALJ found that Oyola could not engage in work in which he would have to climb or balance. He determined that Oyola was not 1. The medical record shows that Oyola only occasionally complained of pain or of other medical problems that might have caused him pain. He was advised to rest for a week. No medication or course of treatment was prescribed. Was prescribed medicine. He was reported stable when he left the hospital. Although the 1985 medical 3 report is practically unreadable. It appears to indicate that medication was prescribed for Oyola's pain. His failure to do so was not error under the circumstances. The medical records evidencing Oyola's reports of pain are not very probative. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200410046.pdf">OPINION/ORDER</A><BR> It is now before this Court for the second and final time. Shortly before Jackson was terminated. A student in his welding class who was not wearing safety gloves was burned on his hand by a welding torch. Jackson also went to a Board meeting at which he was not scheduled to participate and distributed confidential records regarding his special education students. Apparently in an attempt to demonstrate that the classes were overcrowded. Who was then the Superintendent of the Board of Education. A public hearing was held and the Board voted to terminate Jackson's teaching contract. That Jackson had failed to create a genuine issue of material fact regarding whether the reason proffered by the Board for his termination was pretextual. The district court determined that Jackson's speech activities were protected and that he had established a prima facie case of retaliation. Because the district court decided that Jackson had failed to create a genuine issue of fact regarding whether the Board's proffered reason for discharge was a pretext. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may97/95-2968.opa.html">ZIPPERER V. SCH. BD. OF SEMINOLE COUNTY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Zipperer v. BACKGROUND<p> <p> Elizabeth Zipperer and her minor son Scott initiated an administrative due process hearing under the IDEA to establish that Scott was disabled and thus entitled to special education services. There is no dispute that the Zipperers were the prevailing party at the administrative hearing.<p> The Zipperers. Because the IDEA is silent regarding the time period for filing an action. The notice of appeal was filed with the district court on July 28. The Zipperers alleged that the seven day delay in the delivery of the notice of appeal was unexpected in view of the normal three day course of delivery. We consider whether the Zipperers' claim for attorneys' fees was barred by a thirty day statute of limitations.<p> A. 74 L.Ed.2d 225 (1982) (holding that a timely notice of appeal is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTU1OTMtY3Zfb3BuLnBkZg==/04-5593-cv_opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: This appeal gives added credence to the ancient adage that the bearer of bad news has a losing office.1 Such is literally true in this case if plaintiff's allegations are accepted. Cioffi (plaintiff or appellant) claims his job as athletic director/director of physical education was abolished by his employer defendant Averill Park Central School District in retaliation for statements he made about a hazing incident involving high school football players. Holding that Cioffi's statements were not constitutionally protected speech and. Even if they were. The district court also held that defendants McGreevy and Johnson could not be sued in their individual capacities because they were entitled to legislative immunity. BACKGROUND From 1981 to 1999 Cioffi was a part time social studies teacher and part time athletic director for the Averill Park Central School District. Cioffi believed Earl was improperly supervising the players and that he was encouraging the high school athletes to use creatine. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/07/023176P.pdf">OPINION/ORDER</A><BR> This is a dispute over whether the Sioux Falls School District (the District) must transport Sarah Fick to a day care center after school. Because transportation to the day care center was not necessary for Sarah to benefit educationally from her individualized education plan (IEP). Who are eligible for transportation to The Honorable Lawrence L. Students are allowed one designated pick up address before school and one drop off address after school. The addresses do not have to be the same. The District will. Transport a disabled child outside her designated cluster site when the transportation is necessary for the child to benefit from her IEP. The District refused to change Sarah's drop off point because Liberty Center was outside the boundaries of Sarah's cluster site. When that request was denied as well. The state hearing examiner concluded the transportation request was made for personal reasons unrelated to Sarah's educational needs. Therefore the District was not required to pay for the transportation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1695.01A">OPINION/ORDER</A><BR> <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062481np.pdf">OPINION/ORDER</A><BR> The district court found that because (1) the state created danger and special relationship exceptions for due process violations under the Fourteenth Amendment were not satisfied and (2) there was no evidence that the STSD had violated IDEA. We will affirm. I. Because the parties are familiar with the factual and procedural history of this case. His emotional support level was reduced 2 to a part time requirement. It was further reduced to a resource level requirement. Jaquan was supposed to return to his emotional support classroom with Alanna Viozzi after work room at approximately 1:05 p.m. Who was aware of the boys' plan to run away from school. 1 the missing boys were not found until about 6:00 p.m. when Jaquan was struck and killed by a motor vehicle while attempting to cross Interstate 81 in Harrisburg. We have jurisdiction to consider this appeal under 28 U.S.C. � 1291. Dist. of 1 The police were not informed that Jaquan was a special needs student. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1702.01A">OPINION/ORDER</A><BR> Lorincz & Jacobi were on brief for appellee. Debtor's appeal from that decision asks us to do two things: reverse the district court's holding that federal credit unions are nonprofit organizations and hold that educational loans issued to him by creditor appellee TI Federal Credit Union are. We affirm the result achieved by the district court that debtor's loans are nondischargeable and elect not to reach the issue of federal credit unions' nonprofit status. From which DelBonis obtained no direct personal benefit and on which he is the sole obligor. Were acquired from the Texas Instrument Federal Credit Union. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199807/97-1138a.txt">OPINION/ORDER</A><BR> With him on the briefs was Jonathan J. With him on the briefs were Christopher J. Bur stein were on the brief for intervenor National Cable Televi sion Association. Sohn were on the briefs for intervenors Center for Media Education. The greater the percentage of channels the operator must set aside.1 'Leased access' was 1 Subject to the rates. Or if the program mers' offerings competed with those the operators were providing. Imple mentation of Section 10 of the Cable Consumer Protection and Competition Act of 1992: Indecent Programming and (A) An operator of any cable system with 36 or more (but not more than 54) activated channels shall designate 10 percent of such channels which are not otherwise required for use (or the use of which is not prohibited) by Federal law or regulation. (B) An operator of any cable system with 55 or more (but not more than 100) activated channels shall designate 15 percent of such channels which are not otherwise required for use (or the use of which is not prohibited) by Federal law or regulation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200114680.pdf">OPINION/ORDER</A><BR> Which was after this case was argued. We conclude that the district court's evidentiary rulings were neither an abuse of discretion. We reaffirm the basic principle that an appellate court must afford the district court's gatekeeping determinations </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981075.P.pdf">OPINION/ORDER</A><BR> Throughout we have substituted Ann Doe. Circuit Judge: This case presents the question of whether attorney's fees are to be awarded for the legal services performed by an attorney in obtaining special education benefits for his child under the Individuals with Disabilities Education Act. The district court held that there was no entitlement to fees in these circumstances. I. Tom Doe is a child eligible for special education and related services under the Individual with Disabilities Education Act. Sought to have local public school authorities provide the Lovaas behavioral modification program to Tom. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3043.PDF">OPINION/ORDER</A><BR> She was appointed Director of the Respiratory Therapy Program. She also was credited with three years toward tenure. Her salary was $45. Cullen was granted tenure at Indiana University. She was promoted to full professor in April 1995. The average of SOAHS faculty increases was 3.25% per year. Ph.D. was hired by Dean Sothmann as Program Director for Physical Therapy and as a tenured associate professor at a salary of $90. Before he was hired by the University. Quillen was Chair of the Department of Physical Therapy at the College of Mount St. He was paid a comparable salary in the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/599BC82D47F2F68788256F1D0057798A/$file/0316535.pdf?openelement">OPINION/ORDER</A><BR> The tobacco companies argue that this is a case of compelled subsidization of speech prohibited by the First Amendment. California counters that the advertisements are government speech entirely immune from First Amendment attack. The tobacco companies concede that (1) the imposition of the tax itself is not unconstitutional and (2) the message produced by the government's advertisements creates no First Amendment problem apart from its method of funding. The revenue generated by the surtax is placed in the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03b0004p-06.pdf">OPINION/ORDER</A><BR> Educational Credit Management Corp. argues that the bankruptcy court erroneously gave too much weight to the fact that Oyler's student loans were for an education in a low paying field. The fact that Oyler's circumstances are not likely to continue. The Panel holds that Oyler is entitled to a discharge based on undue hardship. I. ISSUE ON APPEAL The issue before the panel is whether the bankruptcy court erred in determining that the debt should be discharged pursuant to 11 U.S.C. � 523(a)(8). An order determining the discharge of a student loan under 11 U.S.C.� 523(a)(8) is a final order. A determination that a student loan poses an undue hardship and is subject to discharge under 11 U.S.C. � 523(a)(8) is a mixed question of law and fact. The conclusions of law are subject to de novo review. De novo means that the reviewing court is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-1993_016.pdf">OPINION/ORDER</A><BR> So we must accept Mayer's version of events which is that she answered a pupil's question about whether she participated in political 2 No. 06 1993 demonstrations by saying that. We must assume that this is so. Because military intervention in Iraq is an issue of public importance. That the right is qualified in the workplace by the requirement that expression not disrupt an employer's business unduly. This is the method of Pickering v. Defendants contend that interest balancing plays no role when the speech in question is part of the employee's official duties. The employees are not speaking as citizens for First Amendment purposes. Was part of her official duties. That Garcetti was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/97-9199.man.html">UNITED STATES V. GEORGIA (4/8/1999, NO. 97-9199)<BR></A><BR> Ruling that continued federal court supervision of the Troup County School District was inappropriate. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2A2CDB2924C8015F88256C5C005698E8/$file/0155930.pdf?openelement">OPINION/ORDER</A><BR> ORDER The mandate is recalled for the limited purpose of correcting the caption. Is amended as follows: On slip opinion page 11773. We consider the extent to which the First Amendment and due process guarantees are implicated when a graduate student's thesis committee declines to approve a thesis that meets academic and professional standards in all respects except one: The acknowledgments section does not conform to established academic and professional standards. Who are university professors and officials. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Christopher Brown was a master's degree candidate in the Department of Material Sciences at the University of California at Santa Barbara ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200415078.pdf">OPINION/ORDER</A><BR> We will refer to Walley as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July2000/993573.txt">OPINION/ORDER</A><BR> We will reverse the district court's grant of summary judgment in favor of Orvosh. We will affirm the order of the district court denying attorney's fees as we see no reason to reverse that denial. Orvosh was hired by Volkswagen of America. Orvosh suffered a heart attack and was diagnosed with coronary artery disease. In 1991 a piece of his lung was removed due to a left pleural tumor. Asbestosis is defined as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/08/033717P.pdf">OPINION/ORDER</A><BR> 20 U.S.C. �� 1400 1487 (IDEA).1 Drennan alleges she was a prevailing party at a due process hearing with the Arkansas Department of Education in which a Hearing Officer directed the Pulaski County Special School District (School District) to provide extended year services to J.R. for the next two calendar school years. The district court2 concluded that Drennan's claim was barred by the statute of limitations. The district court concluded that Drennan was not a prevailing party. J.R. was enrolled in the School District. Parents of disabled children are entitled to specific procedural safeguards to ensure proper programing and placement for their children. All IDEA statutory citations are to the current version of the United States Code. Although the locations of various IDEA provisions have changed since this litigation began. Arguing that it was not the least restrictive environment for J.R. A due process hearing was held before a Hearing Officer. Alleging she was a prevailing party. The district court found that the claim for attorney's fees was barred by the statute of limitations. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/cgi-bin/new/release.pl?B1=Search+Month&month=04&date=01&year=98">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1436.01A">OPINION/ORDER</A><BR> Were on brief. Frontera Suau</SPAN> was on brief. S Guillemard Noble</SPAN> and <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1920VOL2.01A">OPINION/ORDER</A><BR> Was on brief. Middleton</SPAN> were on brief. Were on brief. To the extent this argument is a free standing challenge to the arbitration panel's statutory authority to award prospective relief in this case. The state is estopped from making the argument. Given its earlier position in 1998 that the Blind Vendors' � 111(b) claims had to go through R S grievance procedures. </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0476p-06.pdf">OPINION/ORDER</A><BR> The proposal was scheduled to go into effect on December 23. At stake today is whether the federal courts should permit this state initiative to go into effect or whether we should preliminarily enjoin it in part in the part. That is. Uncertainty about the law's impact on current admissions policies and uncertainty about changing admissions policies in the middle of the current enrollment season we are unable to identify any tenable basis under federal law for suspending the law's enforcement. We have no choice but to permit its enforcement in accordance with the state law framework that gave it birth. I. Legal and policy debates about admissions preferences in the university setting are not new to the people of Michigan. The executive director of which is Jennifer Gratz. Fourth: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/02/961241P.pdf">OPINION/ORDER</A><BR> For which defendants Lofgreen and Tewes were held personally liable to pay $2.00 in nominal damages and plaintiffs were awarded $40. Defendants Lofgreen and Tewes argue that (1) plaintiffs failed to establish a constitutional violation as a matter of law because there was no complete and systemic denial of access or because plaintiffs suffered no actual injury. (2) they are protected by qualified immunity from personal liability for damages. (3) the award of attorneys' fees and expenses is unreasonable under Farrar v. Background The background facts of this case are set forth in detail in the district court's opinion in Klinger I. Are partially and more briefly summarized in the remaining opinions cited above. Four The after is a summary of the procedural history of this case. NCW is the only Nebraska prison for women. All women incarcerated in Nebraska are housed at NCW.2 In their amended complaint. Plaintiffs alleged that the educational and vocational training opportunities at NCW were inferior to those of male inmates with at the Nebraska limited State Penitentiary (NSP). the Consistent plaintiffs' factual allegations. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001471.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The parents of Brian S. believed the IEP formulated by the Montgomery County Public School system (MCPS) would not have provided Brian with a free appropriate public education (FAPE) for the 1998 1999 school year. Concluding that the IEP offered by MCPS would have provided Brian with a FAPE. Was the conclusion that Brian's parents had the burden of proving that MCPS's IEP would not have provided a FAPE to their son. 2 Brian's parents appealed the ALJ's decision to the district court. The case was remanded to the ALJ in light of the new allocation of the burden of proof. Is that of who bears the burden of proof at an initial IEP hearing. Even though the question was the subject of the pending appeal. The ALJ concluded that MCPS's proposed IEP would not have provided Brian with a FAPE. That while Brian's parents were entitled to reimbursement under Burlington School Committee v. No IEP that MCPS could have proposed would have kept Brian out of private school. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/03/971689P.pdf">OPINION/ORDER</A><BR> They contend 6 that the district court's denial without a hearing of the Joshua appellants' motion with respect to the Robinson High School in the Pulaski County Special School District (PCSSD) was based on a mistake of law and constituted abuse of discretion.1 On November 1. The issue is moot. We issued an order dismissing the appeals against LRSD and there is no need to reach the merits of this appeal insofar as it involves the incentive schools. 7 1 A true copy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/10/99-5029.htm">99-5029 -- MCCLURE V. INDEPENDENT SCHOOL DISTRICT NO. 16 -- 10/06/2000<BR></A><BR> McClure in part but held that the individual board members were entitled to qualified immunity. Many of which are undisputed. She was evaluated by the then superintendent of schools. Her contract was renewed for the 1996 97 school year in February 1996 by a unanimous vote of the Board. <p> Her troubles apparently began as a result of her activities on behalf of the District to obtain additional monies for the school system under the Impact Aid Act.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/01/011182P.pdf">OPINION/ORDER</A><BR> United States District Judge for the Eastern District of Missouri. 2 2 when he was suspended from further duties in the department of anesthesiology. At that time his annual salary was $89. Ferrari was enrolled in TIAA's group long term disability benefits plan (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044705po2.pdf">OPINION/ORDER</A><BR> 2006) SECOND ORDER AMENDING OPINION IT IS ORDERED that the slip opinion in the above case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/96opinions/96-1321a.html">FERRISO LAWRENCE R. V. NLRB<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug96/95-8793.opa.html">MIZE V. JEFFERSON CITY BD. OF ED.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Mize v. Donna Mize alleges that she was fired in retaliation for comments she made concerning the disciplinary treatment of one of her students. We agree with the district court that Mize has failed to present evidence sufficient to demonstrate that her discharge was based on her statements. We affirm the grant of summary judgment in favor of defendants.<p> I.<p> <p> Mize was employed as an untenured special education teacher in the Jefferson City. This was her third year of employment in a program that provided teachers for children with mental disabilities in three school districts. The program was supervised by Dr. Special education director for the Jackson County School District.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A6FA25E059E236DA88256E680058986C/$file/0210549.pdf?openelement">OPINION/ORDER</A><BR> There were those who organized particular cheats at varying casinos and those that were lookouts. Liang's expertise was as a cheater. To mark A </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054627np.pdf">OPINION/ORDER</A><BR> Were her first (and only) involvement in the case in the District Court. We will dismiss the appeal. We note that Bryan is representing pro se both herself and her 2 children. Bryan was apprised of this via letter dated October 28. We will therefore dismiss the appeal as to the children. She must herself have standing to appeal the District Court's order approving the settlement agreement. 304 (1988) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2003/01-14680.opn.html">UNITED STATES V. FRAZIER (2/26/2003, NO. 01-14680)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052408np.pdf">OPINION/ORDER</A><BR> She alleged that UNUM's termination of her long term disability benefits under a UNUM group disability policy (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/71810B973538386988256A0F005DFD3A/$file/9916325.pdf?openelement">OPINION/ORDER</A><BR> 2001 is recalled for the purpose of amending the opinion. Is amended as follows: Slip opinion at 1693. No reasonable fact finder could conclude on the basis of this evidence </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june96/95-3214.opa.html">N.B. V. ALACHUA CTY. SCH. BD.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>N.B. v. The motion is GRANTED.<p> BACKGROUND<p> <p> Plaintiff N.B. is a hearing impaired child. N.B. was bused from her home in Columbia or Suwannee County to attend a special school for hearing impaired children in Alachua County. N.B. left the State of Florida at the end of the 1992/93 school year and is no longer in the Florida educational system.<p> N.B. has brought this suit alleging violations of the Individuals with Disabilities in Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/12/972281U.pdf">OPINION/ORDER</A><BR> We conclude that judgment for the defendants was proper. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA2LTA1MzgtY3Zfc28ucGRm/06-0538-cv_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992290.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992252.P.pdf">OPINION/ORDER</A><BR> Line 1 the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CE5E9CE16D0D776F88256A8B0059D05A/$file/9935874.pdf?openelement">OPINION/ORDER</A><BR> The issues before us are jurisdictional. We have jurisdiction pursuant to 28 U.S.C. � 1291. The court found that: (1) the case was moot because the Tribe BIA contract had been completed and the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/01-1512a.htm">01-1512A -- FLEMING V. JEFERSON COUNTY SCHOOL DISTRICT R-1 -- 06/27/2002<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june96/95-3214.opa.html">N.B. V. ALACHUA CTY. SCH. BD.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>N.B. v. The motion is GRANTED.<p> BACKGROUND<p> <p> Plaintiff N.B. is a hearing impaired child. N.B. was bused from her home in Columbia or Suwannee County to attend a special school for hearing impaired children in Alachua County. N.B. left the State of Florida at the end of the 1992/93 school year and is no longer in the Florida educational system.<p> N.B. has brought this suit alleging violations of the Individuals with Disabilities in Education Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0D6184CFB228101288256A3F005BBE20/$file/9956000.pdf?openelement">OPINION/ORDER</A><BR> Massanari is substituted for Kenneth S. Claiming that she was unable to work due to left foot pain. After her claim was denied through administrative proceedings. Pinto testified that she was born in El Salvador in 1938. That Pinto is illiterate in English. There is no indication that she knows 2. The following exchange took place between the ALJ and the vocational expert: Q: Assume we have an individual of the same profile as Ms. An individual who is neither litera[te] in [E]nglish nor able to communicate in [E]nglish and work experience as you described. The only impairments noted were that climbing. Crouching and crawling were said to be limited as occasionally . . . . So at least as the job is generally performed it requires only occasional stoopin[g. A: The other postural requirements are negligible. Not discussed at the hearing was the fact that. The ALJ came to the following conclusion: The claimant is 59 [sic] years old and has a third grade education. She is illiterate in English. See DOT Appendix C(III) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1495.01A">OPINION/ORDER</A><BR> Was on brief. Lewis was responsible for implementing and developing policy relating to music education. The Music Director was one of ten Senior Program Directors in the Department of Curriculum and Instructional Practices ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/66F893D6B2E464F788256E5A00707D08/$file/0015028.pdf?openelement">OPINION/ORDER</A><BR> District Judge: The question raised in this appeal is whether a public sector employer who deducts agency or </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec95/98-2718.op2.html">LINDA DENNO V. SCH. BD. OF VOLUSIA COUNTY (7/20/2000, NO. 98-2718)<BR></A><BR> Was vacated and withdrawn and panel rehearing was ordered. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C22C6168E456491788256E5A00707BE9/$file/9935874.pdf?openelement">OPINION/ORDER</A><BR> The issues before us are jurisdictional. We have jurisdiction pursuant to 28 U.S.C. � 1291. The court found that: (1) the case was moot because the Tribe BIA contract had been completed and the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/01/016042P.pdf">OPINION/ORDER</A><BR> Long is a 39 year old single woman with a 10 year old daughter. The practice was unsuccessful and only lasted seven months. The new clinic was successful from 1990 to 1993. Long began to have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/073B966FDADDB8E388256A37005C4BF4/$file/9950762.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: 1. The petition for rehearing is DENIED and the suggestion for rehearing en banc is rejected. 5086 OPINION WARDLAW. Regardless of whether the defendant is charged with a drug trafficking conspiracy or otherwise charged with membership in such an organization. We hold that expert testimony regarding the general structure and operations of drug trafficking organizations is inadmissible where the defendant is not charged with a conspiracy to import drugs or where such evidence is not otherwise probative of a matter properly before the court. We have jurisdiction under 28 U.S.C. � 1291. Vallejo was stopped while driving a white Honda by Customs Inspector Ronnie Jacinto at the Calexico port of entry between Mexico and the United States. Inspector Jacinto testified that he was suspicious of the way Vallejo's hand shook when he handed over his ID and registration. Of the fact that there were no books or bookbags in his car despite Valle5087 jo's claim that he was on his way to school. Approximately 40 kilograms of marijuana were seized. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7AB53BB1CF05FFA488256EC90056E16B/$file/0216786.pdf?openelement">OPINION/ORDER</A><BR> Who is hearing impaired. The subject of this third appeal is the district court's award of attorney's fees to the Shapiros. We have jurisdiction pursuant to 28 U.S.C. � 1291. BACKGROUND Dori was enrolled at the Central Institute for the Deaf ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0392p-06.pdf">OPINION/ORDER</A><BR> The district court rejected Justice's claim that she had been terminated from her grants department position in retaliation for her political affiliation because her position was of a type allowing political discrimination. No. 01 6156 Justice was a certified teacher in the Pike County school system under the Kentucky Teacher's Tenure Act. Was as follows: JOB GOAL: The Grants Department Director is responsible for seeing that the goals and objectives of the Grants Department are achieved. Train and work with teachers at each school who are part of the Pike County grant team. 4. Johns resigned as superintendent and Brenda Gooslin was appointed interim superintendent. Claiming that the grants department was not an efficient use of resources. Justice would have continued to draw the same per diem salary. Because as a classroom teacher she was only expected to work 185 days a year. This would have involved a significant reduction in annual salary. About the same time she was promoted to grants director. Most of which was sedentary. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200613582.pdf">OPINION/ORDER</A><BR> Circuit Judge: The issue in this appeal is whether the district court erred when it entered * Honorable Arthur L. The district court reasoned that D'Angelo's efforts to convert Kathleen High to charter status were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200613582OP2.pdf">OPINION/ORDER</A><BR> As it is permitted in this circumstance. The issue in this appeal is whether the district court erred when it entered judgment as a matter of law against a high school principal who argues that the school board violated the First Amendment when the board terminated him in retaliation for his efforts to convert his school to a charter school. The district court reasoned that D'Angelo's efforts to convert Kathleen High to charter status were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/96-6213.ma2.html">ONISHEA V. HOPPER (4/7/1999, NO. 96-6213)<BR></A><BR> All of whom are prison inmates who have tested positive for the Human Immunodeficiency Virus (HIV). Have sued officials of the Alabama Department of Corrections under � 504 of the Rehabilitation Act<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982227.P.pdf">OPINION/ORDER</A><BR> Lovern is the non custodial parent of three children who attend Henrico County public schools near Richmond. Lovern's appeal is therefore limited to the dismissal of his claim for damages. 2 nois. R. Tucker High School in Henrico County was evicted from a game. Sought to have the principal appeal the coach's eviction. His son was not selected by the basketball coach to play on Tucker's varsity basketball team. Lovern testified that although he was under a court order to pay $600 per month for child support. 1997 letter to Lovern stated in pertinent part: The purpose of this letter is to reemphasize the process by which you should bring your concerns regarding Tucker High School to my attention. We have shared this with you on several occasions. . . . The coaches were involved in getting their basketball practice started and your interruption was inappropriate. As I have explained to you on several occasions. All parties will meet to discuss any issues. You have made it clear to several Henrico County School staff that you are taking legal action regarding concerns about Henrico County Schools. . . . </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4171_029.pdf">OPINION/ORDER</A><BR> The specific issue in this appeal is whether and to what extent the State of Wisconsin Department of Public Instruction (DPI) must disclose records uncovered in its investigation into the use of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054390np.pdf">OPINION/ORDER</A><BR> We will affirm. Appellant was employed by the District as a math teacher from 1973 1996. Principal Shumake took a leave of absence from his job and was replaced by Dr. Lytle from April June of 1995 was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Nov2002/013301.pdf">OPINION/ORDER</A><BR> Circuit Judge: The primary issues presented in this appeal from the District Court's order denying preliminary injunctive relief are whether the Free Speech and Free Exercise Clauses of the First Amendment allow the Borough of Tenafly. Because there is no evidence that the acts in question are expressive. Because the other requirements for injunctive relief are satisfied. In practice they have often done so. House number signs nailed to utility poles in plain view are 1. Our description of the facts is based on our independent review of the record because. Local churches are tacitly allowed to post permanent directional signs bearing crosses on municipal property. Orange ribbons were affixed to utility poles </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTY2NTEtYmtfb3BuLnBkZg==/05-6651-bk_opn.pdf">OPINION/ORDER</A><BR> The affidavit states that these claims may have resulted from </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D9BE31CB175DCC2688256CC6007B29E2/$file/0116437.pdf?openelement">OPINION/ORDER</A><BR> Because the schools are supported by a measurable amount of public funds. We have jurisdiction pursuant to 28 U.S.C. � 1291 and reverse. I. Background PLANS is a non profit California corporation whose members include taxpayers residing in both the Sacramento City Unified School District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/09/961182U.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200316267.pdf">OPINION/ORDER</A><BR> Was sexually harassed by Beth Blythe. Arguing PCSD is liable for Dustin's injuries based on its custom of ignoring Blythe's discriminatory practices. We are required to view the facts in the light most favorable to the nonmoving party. Those issues have not been challenged on appeal. When he was taking a course taught next door to Blythe's classroom. Was starting high school and began participating in Flag Corps. An activity which Blythe was running at the time. Was starting the second grade. Dustin's mother was his teacher at Patterson Elementary School. Dustin was 16 years old at the time. While the purported sexual relationship was ongoing. Who was then the assistant superintendent of the Pierce County School System. Dustin was not mentioned in the email. 4 In response to the allegation. Two assistant principals were present during Williamson's interview of Davis. They similarly concluded Davis's denial was credible. 5 2 and he had not received any other accusations against her. Had been promoted to superintendent received a phone call from a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BEE422B27BEECFDD88256AE6005B4537/$file/0015028.pdf?openelement">OPINION/ORDER</A><BR> District Judge: The question raised in this appeal is whether a public sector employer who deducts agency or </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/May2004/031226p.pdf">OPINION/ORDER</A><BR> Plaintiffs are a class of mentally retarded adults in need of medical services from an intermediate care facility for persons with mental retardation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTAyMjQtY3Zfb3BuLnBkZg==/04-0224-cv_opn.pdf">OPINION/ORDER</A><BR> Was invited back to work conditioned on a psychiatric examination and his release of past medical records. Wrote to Buganski that O'Connor was ill with chest pain. As the investigation was nearing O'Connor remained suspended with completion in late October. O'Connor is doing well from a cardiac standpoint and. I am extremely concerned about his severe anxiety and worry that this will affect his health problems. Have to work with the administration to improve his performance. Assistant Superintendent Buganski wrote to O'Connor that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DF1ECC3ABC2DCC3F88256E5A00707A92/$file/9916325.pdf?openelement">OPINION/ORDER</A><BR> 2001 is recalled for the purpose of amending the opinion. Is amended as follows: Slip opinion at 1693. No reasonable fact finder could conclude on the basis of this evidence </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981060.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Jackson's discrimination claims were brought under Title VII of the Civil Rights Act of