Legal Opinion

Fitzgerald v. Fairfax County School Board

District Court, E.D. Virginia

Decided May 23, 2008No. Civil Action 1:07cv1117PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

In this IDEA 1 dispute, plaintiff Kevin Fitzgerald (a minor child) and his parents challenge the procedures and finding of the manifestation determination review (“MDR”) held by Fairfax County School Board (“FCSB”) 2 that allowed Kevin to be suspended from his school for his involvement in a paintball shooting incident at the school. Specifically, plaintiffs contend that FCSB violated the IDEA’S procedural provisions in conducting the MDR hearing; they also claim that Kevin’s conduct was caused by, or had a direct relationship to, Kevin’s…

2Cases cited22 opinions

  1. Goss v. LopezSupreme Court of the United States · 1975
  2. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  3. Honig v. DoeSupreme Court of the United States · 1988
  4. School Committee of the Town of Burlington v. Department of EducationSupreme Court of the United States · 1985
  5. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994

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3Cited by9 opinions

  1. School Bd. of the City of Norfolk v. BrownDistrict Court, E.D. Virginia · 2010
  2. E.L. v. Chapel Hill-Carrboro Board of EducationDistrict Court, M.D. North Carolina · 2013
  3. Cone Ex Rel. Cone v. Randolph County Schools Board of EducationDistrict Court, M.D. North Carolina · 2009
  4. D.B. v. Bedford County School BoardDistrict Court, W.D. Virginia · 2010
  5. School Board v. Rose ex rel. C.A.R.District Court, E.D. Virginia · 2015

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