Legal Opinion · Dissent

K.E. Ex Rel. K.E. v. Independent School District No. 15

Court of Appeals for the Eighth Circuit

Decided August 3, 2011No. 10-2176Published

1DissentBye, Circuit Judge

The administrative law judge, who presided over the hearing on KE.’s claim she was denied free access to public education (FAPE) within the meaning of the Individuals with Disabilities Education Act (IDEA), concluded the School District failed to address KE.’s education-impeding behavioral challenges in her individualized education plan (IEP), thus preventing K.E. from receiving any meaningful educational benefit and denying her FAPE. I agree with the ALJ, and in reaching this conclusion, I suggest this court should be providing due weight to the administrative decision, not providing…

2Cases cited19 opinions

  1. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  2. Martise v. AstrueCourt of Appeals for the Eighth Circuit · 2011
  3. Buckner v. AstrueCourt of Appeals for the Eighth Circuit · 2011
  4. Roland M. And Miriam M. v. The Concord School CommitteeCourt of Appeals for the First Circuit · 1990
  5. United States v. Michael Edward LebrunCourt of Appeals for the Eighth Circuit · 2004

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API