Legal Opinion

Oberti Ex Rel. Oberti v. Board of Education of the Borough of Clementon School District

District Court, D. New Jersey

Decided August 17, 1992No. Civ. A. 91-2818PublishedCited by 9 opinions

1Opinion of the Court

OPINION

GERRY, Chief Judge.

This matter arises under the Individuals With Disabilities Education Act (the “IDEA”), 20 U.S.C. §§ 1400-85, and section 504 of the Rehabilitation Act, 29 U.S.C. § 794. We have jurisdiction pursuant to 28 U.S.C. § 1331 and 20 U.S.C. § 1415(e)(4)(A).

The history of this case is set out in our opinion of April 24, 1992, where we denied cross-motions for summary judgment, and we do not repeat it here. See Oberti v. Board of Education, 789 F.Supp. 1322 (D.N.J.1992). In short, Rafael Oberti is an eight year old child with a disability. Due to the nature of this disability,…

2Cases cited23 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Brown v. Board of EducationSupreme Court of the United States · 1954
  3. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  4. Honig v. DoeSupreme Court of the United States · 1988
  5. School Committee of the Town of Burlington v. Department of EducationSupreme Court of the United States · 1985

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3Cited by9 opinions

  1. Oberti v. Board Of EducationCourt of Appeals for the Third Circuit · 1993
  2. D.B. v. Ocean Township Board of EducationDistrict Court, D. New Jersey · 1997
  3. Mavis v. SobolDistrict Court, N.D. New York · 1994
  4. Ohio Civ. Rights Comm. v. Case W. Res. Univ.Ohio Supreme Court · 1996
  5. Oberti ex rel. Oberti v. Board of EducationCourt of Appeals for the Third Circuit · 1993

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

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