Subj: ALERT! NEW DECISION FROM 6TH CIRCUIT (September 28, 2000)
Date: 9/28/00 11:43:10 AM Pacific Daylight Time
From: webmaster@wrightslaw.com (Wrightslaw)
Reply-to: webmaster@wrightslaw.com
To: special-ed-advocate@lists.wrightslaw.com (THE SPECIAL ED ADVOCATE)

The Special Ed Advocate from Wrightslaw is sent by permission only. To subscribe, go to http://www.wrightslaw.com/subscribe.htm To unsubscribe, follow the link at the end of this newsletter. Thanks!

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1. ALERT! 6TH CIRCUIT ISSUES NEW DECISION ABOUT TUITION REIMBURSEMENT, STATUTE OF LIMITATIONS

In 1996, Nancy and Cameron James requested a due process hearing on behalf of their son Joe. Joe has dyslexia, a language learning disability. At the time of their request for a hearing, Joe was in the eleventh grade at The Kildonan School in New York.

Several years earlier, the public school staff advised Joe’s parents that their son would never learn to read. Joe’s parents withdrew him from the public school program and placed him in a private school. Joe did learn to read.

Although Joe’s parents asked for a due process hearing to resolve disputes about their son’s special education, their request was turned down. Why? 

The Hearing Officer rejected their request because they hadn’t requested a hearing BEFORE they withdrew Joe from the public school placement. Later, a State Review Officer and a U. S. District Judge upheld this decision.

When the parents withdrew Joe from a school that could not teach him to read, they weren’t aware that they had a right to request a hearing. Later, when the parents approached the school about re-admitting Joe, they were told “Don’t bring him back now, give me a couple of years to get
someone trained.”

Pete Wright represents Joe and his parents. Today, the U. S. Court of Appeals for the Sixth Circuit ruled that Joe and his parents can have their day in court.

To get this new decision in pdf, go to 

http://www.wrightslaw.com/law/caselaw/6th_james_upperarlington_00_0928.pdf (Size: 174 kb)

To get the decision in html, go to:

http://www.wrightslaw.com/law/caselaw/6th_james_upperarlington_00_0928.htm

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2. DECISION IN "STEFAN JAYNES V. NEWPORT NEWS" AVAILABLE IN WORD

On September 25, we published a new edition of The Special Ed Advocate that included the new decision in "Stefan Jaynes v. Newport News." The decision in that case was only posted as a pdf file.

Later, we learned that some people were unable to access that decision in pdf. Today, we uploaded the decision in "Stefan Jaynes v. Newport News School Board" as a Word file. We apologize for any inconvenience this may have caused. To get the Jaynes decision in Word, go to

http://www.wrightslaw.com/law/caselaw/VA_Jaynes_Order_000907.doc

For more information about new legal decisions, go to the Main Law Library page at

http://www.wrightslaw.com/main_lawlibrary.htm

For information about new upload on Wrightslaw, check the “What’s New” page at

http://www.wrightslaw.com/mainpage_what_new.htm

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3. SUBSCRIPTION AND CONTACT INFORMATION

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Do a good deed - forward this newsletter to a friend. Read back issues of The Special Ed Advocate in the Wrightslaw Newsletter Archives at 

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CONTACT INFORMATION 

Pete and Pam Wright 
Wrightslaw & The Special Ed Advocate Newsletter
P. O. Box 1008, Deltaville, VA 23043
Website: http://www.wrightslaw.com 
Email: webmaster@wrightslaw.com 

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