Legal Opinion

Fisher v. Bd. of Educ. Christina Sch. Dist.

Supreme Court of Delaware

Decided August 16, 2004No. 485,2003PublishedCited by 1 opinion

1Opinion of the Court

BERGER, Justice:

In this case, we consider the applicable standard of review in appeals from educational placement decisions under the Individuals with Disabilities Education Act (“IDEA”) 3 , and its Delaware counterpart 4 . The Family Court overruled a special education hearing panel’s decision that authorized Thomas Fisher to be placed in a private school at public expense. In doing so, the Family Court gave no weight to the panel’s findings and conclusions because it found them to be erroneous. We hold that a reviewing court must give “due weight” to the panel’s decision, which means that…

2Cases cited9 opinions

  1. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  2. School Committee of the Town of Burlington v. Department of EducationSupreme Court of the United States · 1985
  3. S.H., Individually and on Behalf of I.H. v. State-Operated School District of the City of NewarkCourt of Appeals for the Third Circuit · 2003
  4. Carlisle Area School v. Scott P., by and Through His Guardians, Bess P. And Richard E. P., in No. 94-7520. Carlisle Area School District, in No. 94-7539 v. Scott P., by and Through His Guardians, Bess P. And Richard E. PCourt of Appeals for the Third Circuit · 1995
  5. Stoltz Management Co. v. Consumer Affairs BoardSupreme Court of Delaware · 1992

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3Cited by1 opinion

  1. C.H. v. Cape Henlopen School DistrictDistrict Court, D. Delaware · 2008

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