Legal Opinion · Dissent

County School Board of Henrico County, Virginia v. Z.P., a Minor by and Through His Parents and Next Friends R.P. N.M.P.

Court of Appeals for the Fourth Circuit

Decided February 11, 2005No. 03-2338Published

1DissentGregory, Circuit Judge

The district court rightly held that the hearing officer’s findings should not be followed because the hearing officer substituted his own views on education policy— and those of Z.P. and his experts — for the determinations of the local educators charged with formulating an individualized education program (“IEP”). The majority’s opinion unwittingly thwarts the purpose of the Individuals with Disabilities Act (“IDEA”) by supporting the hearing officer’s misapplication of the law. Thus, I respectfully dissent. .

- As the majority notes, Z.P. was diagnosed with autism at age two. He was…

2Cases cited8 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  3. William J. Devine, Terry Devine, Plaintiffs-Counter-Defendants-Appellants v. Indian River County School Board, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Eleventh Circuit · 2001
  4. Weast v. Schaffer Ex Rel. SchafferCourt of Appeals for the Fourth Circuit · 2004
  5. Wagner v. BOARD OF EDUC., MONTGOMERY COUNTY, MD.District Court, D. Maryland · 2004

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