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Subj:    The Special Ed Advocate, November 9, 1999 (V. 2, N. 27)
Date:    11/9/99 4:30:46 PM Pacific Standard Time
From:    wrightslaw@wrightslaw.com
Sender:    owner-special-ed-advocate@wrightslaw.com
To:    special-ed-advocate@wrightslaw.com


THE SPECIAL ED ADVOCATE, NOVEMBER 9, 1999 (V. 2, N. 27)

On November 9, 1993, the U. S. Supreme Court issued a unanimous decision in Florence County School District IV v. Shannon Carter.

This Special Edition is being published on the sixth anniversary of the Supreme Court's decision in Carter.

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CONTENTS:

1. HOW THE CARTER CASE EVOLVED; DECISIONS IN CARTER

2. TRANSCRIPT OF ORAL ARGUMENT (NEW)

3. UNANIMOUS DECISION BY U. S. SUPREME COURT (November 9, 1993)

4. INFORMATION ABOUT CARTER AND WRIGHTSLAW

5. RESOURCES ABOUT THE U. S. SUPREME COURT (NEW)

6. COMING SOON! WRIGHTSLAW: TACTICS & STRATEGY MANUAL

7. WRIGHTSLAW: SPECIAL EDUCATION LAW (UPDATED INFO)

8. SUBSCRIPTION INFORMATION

9. CONTACT INFORMATION

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1. HOW THE CARTER CASE EVOLVED

* * THE DECISIONS * *

* U. S. DISTRICT COURT *

After Shannon's parents lost at Due Process and Review, they placed Shannon into Trident Academy and sued for tuition in Federal Court. Judge Houck appointed his own expert,
charted out Shannon's educational test data. Judge Houck concluded that Florence County's IEP that Shannon would progress from the 4.4 reading grade level to the 4.8 grade
level, after one year of special education, was wholly inadequate.

LINK: http://www.wrightslaw.com/law/caselaw/case_carter_usdist_sc.htm

* APPEAL TO FOURTH CIRCUIT *

Florence County appealed to the Fourth Circuit. They argued that four months of progress in reading was appropriate. They also argued that because Trident Academy was not on
the State's non-existent "approved" list of schools, Shannon's parents could not be reimbursed for her tuition at the private school.

In their decision, the Fourth Circuit discussed "least restrictive environment" and a contrary Second Circuit case. This ruling in Shannon's favor created a "split" among circuits that opened the door to a further appeal.

LINK: http://www.wrightslaw.com/law/caselaw/case_carter_4cir.htm

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2. TRANSCRIPT OF ORAL ARGUMENT (NEW)

On October 6, 1993, the U. S. Supreme Court heard Oral Arguments in the Carter case. You can download the Transcript of the Oral Argument in two formats, pdf and html.

Adobe Acrobat: http://www.wrightslaw.com/law/caselaw/Carter_Oral_Argument.pdf

(To read the pdf file, you need Adobe Reader which is available free at http://www.adobe.com)

HTML: http://www.wrightslaw.com/law/caselaw/Carter_SupCt_Oral_Argument.html

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3. UNANIMOUS DECISION BY U. S. SUPREME COURT (November 9, 1993)

On November 9, 34 days after oral argument, the Supreme Court issued a unanimous 9-0 decision for Shannon.

The justices ruled that if public school defaults and the child receives an appropriate education in a private placement, the parents are entitled to be reimbursed for the
education that should have been provided by the School District.

The case is styled Florence County School District Four v. Shannon Carter, 510 U.S. 7, (1993).

LINK: http://www.wrightslaw.com/law/caselaw/case_carter-us-supct.htm

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4. MORE CARTER INFORMATION FROM WRIGHTSLAW

CARTER LINKS PAGE

The "Carter Links" page which includes the links in this newsletter is at

http://www.wrightslaw.com/law/caselaw/Carter_Links_Page.html

THE UNTOLD STORY

The story behind the story and Pete's involvement in the case and preparation for argument before the Fourth Circuit and U.S. Supreme Court is in our "Advocacy Library" and known as "The Untold Story."

LINK: http://www.wrightslaw.com/advoc/articles/Carter_The_Untold_Story.html

THREE GENERATIONS AT THE SUPREME COURT

On October 6, 1993, Shannon Carter and Roger Saunders traveled to Washington, DC to hear Pete's oral argument before the U. S. Supreme Court. This article discusses the impact
of the Orton Dyslexia Society members (now International Dyslexia Association) Helene Dubrow, Diana Hanbury King, Roger Saunders, and Linda Summer.

LINK: http://www.wrightslaw.com/advoc/articles/orton.html

THE LAW LIBRARY AT WRIGHTSLAW

Includes caselaw, articles about tactics and strategy, special education regulations.

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

THE SPECIAL ED ADVOCATE NEWSLETTER

Free newsletter about legal and advocacy issues from Wrightslaw.

LINK: http://www.wrightslaw.com/approve.htm

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5. U. S. SUPREME COURT LINKS (NEW)

Although the U. S. Supreme Court does not maintain an official web site, you will find lots of information about the Court on the Internet.

** Legal Information Institute from Cornell University: Supreme Court Collection * *

LINK: http://supct.law.cornell.edu/supct/

** U. S. Supreme Court Newsletter * *
Subscribers receive an e-mail bulletin containing summary and analysis of important patent appeals decisions of the U.S. Court of Appeals for the Federal Circuit within days after they have been handed down and placed on the Internet, along with instructions on how to access those decisions in full text.

For subscription instructions, go to

http://www.law.cornell.edu/focus/bulletins.html

* * FED WORLD * *

Search and view full text of U. S. Supreme Court Decisions from 1937 and 1975.
LINK: http://www.fedworld.gov/supcourt/index.htm

* * THE OYEZ PROJECT * *

The U. S. Supreme Court Multimedia Database from Northwestern University

http://oyez.at.nwu.edu/

Take a "Virtual Tour" of the Supreme Court.

LINK: http://oyez.at.nwu.edu/tour/index.html

============

6. COMING SOON! WRIGHTSLAW: TACTICS & STRATEGY MANUAL

TABLE OF CONTENTS

PART ONE: PROBLEMS & OBSTACLES
Chapter 1: Crisis! Emergency! HELP!
Chapter 2: From Emotions to Advocacy
Chapter 3: The Amazing Power of School Culture
Chapter 4: The Nature of Conflict

PART TWO: TACTICS & STRATEGY
Chapter 5: Overview
Chapter 6: Assumptions
Chapter 7: Image and Presentation
Chapter 8: First Steps
Chapter 9: The Art of Writing Letters
Chapter 10: Writing a "Letter to the Stranger"
Chapter 11: Tactics at School Meetings

PART THREE: LEGAL & ADVOCACY
Chapter 12: Attorney Manual: Representing the Special Education Child
Chapter 13: Anatomy of a Case
Chapter 14: Carter Decisions

We are investigating several publishing options, including "Print on Demand" and "E-Pubs" that can be downloaded from the site. With new technology, we can produce new
publications faster and economically.

We'll keep you posted!

=====================

7. WRIGHTSLAW: SPECIAL EDUCATION LAW (UPDATED INFO)

Includes the full text of the Individuals with Disabilities Act, Section 504 of the Rehabilitation Act, Family Educational Rights and Privacy Act, and implementing regulations; decisions in landmark special education cases by the U. S. Supreme Court.

INFO: http://www.wrightslaw.com/bkstore/ourbooks/Law_Book_Announce_99_0712.htm

ORDERS: http://www.wrightslaw.com/bkstore/ourbooks/Orderform.html

REVIEWS: http://www.wrightslaw.com/bkstore/ourbooks/Law_Book_Reviews.htm

AMAZON ORDERS:

http://www.amazon.com/exec/obidos/ASIN/1892320037/thespecialedadvo/

==============

7. SUBSCRIPTION INFORMATION

To subscribe to The Special Ed Advocate, go to

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

To unsubscribe to The Special Ed Advocate, send an email to

majordomo@wrightslaw.com

In the beginning of your message, insert the following words exactly, with hyphens, lowercase

unsubscribe special-ed-advocate

===========

8. CONTACT INFORMATION

Pete and Pam Wright
c/o The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Phone: 804-257-0857

Website: http://www.wrightslaw.com
Email: webmaster@wrightslaw.com

The resources at this website are copyrighted by the authors. They may be used for non-commercial purposes only. They may not be redistributed for commercial purposes without the express written consent of Peter W. D. Wright.

It is not necessary to obtain our consent to link to our website or copy, print and distribute our articles and newsletters for nonprofit purposes so long as the material is reproduced in its entirety and credit is given to Pete and Pam Wright and "wrightslaw" including the URL -

http://www.wrightslaw.com

For a "printer-friendly" copy of this newsletter, visit the Newsletter Archives at

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

Copyright 1999, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

END