Legal Opinion

Department of Education v. Carl D.

Court of Appeals for the Ninth Circuit

Decided January 4, 1983No. Nos. 81-4209, 81-4262PublishedCited by 13 opinions

1Opinion of the Court

SCHROEDER, Circuit Judge.

These consolidated actions arose under the Education For All Handicapped Children Act of 1975, 20 U.S.C. §§ 1401-1461 (1976) (EAHCA). The district court held in both cases that the limitations period applicable to civil actions brought under section 1415(e)(2) of the EAHCA for review of a state hearing officer’s administrative decision is the thirty-day period of the Hawaii Administrative Procedures Act, Hawaii Rev.Stat. § 91-14 (1976 & Supp.1981). Two suits by the Hawaii Department of Education challenging adverse hearing officer decisions were therefore dismissed as…

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. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  3. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  4. Monahan v. State of Neb.District Court, D. Nebraska · 1980
  5. Tokarcik v. Forest Hills School DistrictCourt of Appeals for the Third Circuit · 1981

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

3Cited by13 opinions

  1. Joseph Spiegler v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1989
  2. Mauricio and Dina Scokin, Individually and as Next Friend of Davina Scokin, a Minor v. The State of TexasCourt of Appeals for the Fifth Circuit · 1984
  3. Richard Amann v. Town of StowCourt of Appeals for the First Circuit · 1993
  4. Adler v. Education Department of State of New YorkCourt of Appeals for the Second Circuit · 1985
  5. Bow School District v. Quentin W.District Court, D. New Hampshire · 1990

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

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