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Petit et al v. United States Department of Education et al

Memorandum in opposition to re MOTION to Dismiss MOTION for Summary Judgment

67 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,016 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Duncan v. Walker

    533 U.S. 167 (2001)   Cited 5,469 times   8 Legal Analyses
    Holding that the statute of limitations is not tolled during the pendancy of a federal petition

  3. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,687 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  4. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,390 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  5. Honig v. Doe

    484 U.S. 305 (1988)   Cited 2,075 times
    Holding that respondent's case in the IDEA context was not moot because he still resided in the state of California, which insisted that all local school districts retain residual authority to exclude disabled children for dangerous conduct

  6. TRW Inc. v. Andrews

    534 U.S. 19 (2001)   Cited 1,185 times   9 Legal Analyses
    Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”

  7. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,095 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

  8. Cannon v. University of Chicago

    441 U.S. 677 (1979)   Cited 2,347 times   8 Legal Analyses
    Holding that Title IX of the Education Amendments of 1972 created a private right of action for victims of education discrimination

  9. Rumsfeld v. Forum for Academic

    547 U.S. 47 (2006)   Cited 813 times   9 Legal Analyses
    Holding that nothing about having military recruiters on campus "suggests that law schools agree with any speech by recruiters"

  10. School Committee of the Town of Burlington v. Department of Education

    471 U.S. 359 (1985)   Cited 1,645 times   1 Legal Analyses
    Holding IDEA permits reimbursement "if the court ultimately determines that [private] placement, rather than a proposed IEP, is proper under the Act"

  11. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 28,656 times   22 Legal Analyses
    Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

  12. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,363 times   36 Legal Analyses
    Adopting the definition given in Section 551

  13. Section 1415 - Procedural safeguards

    20 U.S.C. § 1415   Cited 7,170 times   17 Legal Analyses
    Holding that "before the filing of a civil action . . . seeking relief that is also available under [the IDEA], the [IDEA's administrative] procedures . . . shall be exhausted"

  14. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,049 times   24 Legal Analyses
    Granting judicial review of "agency action"

  15. Section 1400 - Short title; findings; purposes

    20 U.S.C. § 1400   Cited 6,521 times   12 Legal Analyses
    Finding of Congress that "the education of children with disabilities can be made more effective by ... ensuring that families ... have meaningful opportunities to participate"

  16. Section 1401 - Definitions

    20 U.S.C. § 1401   Cited 2,871 times   2 Legal Analyses
    Defining such plans

  17. Section 1411 - Authorization; allotment; use of funds; authorization of appropriations

    20 U.S.C. § 1411   Cited 221 times
    Authorizing grants to states to assist them in providing special education to students with disabilities

  18. Section 1403 - Abrogation of State sovereign immunity

    20 U.S.C. § 1403   Cited 79 times
    Granting party aggrieved right to bring civil action in state or federal court

  19. Section 1406 - Requirements for prescribing regulations

    20 U.S.C. § 1406   Cited 29 times
    Requiring the Secretary of Education to include in written responses to policy questions "an explanation that the written response is provided as informal guidance and is not legally binding"

  20. Section 300.13 - Elementary school

    34 C.F.R. § 300.13   Cited 67 times
    Defining "parent"

  21. Section 300.34 - Related services

    34 C.F.R. § 300.34   Cited 63 times
    Including transportation as "related services"

  22. Section 300.20 - Include

    34 C.F.R. § 300.20   Cited 6 times

    Include means that the items named are not all of the possible items that are covered, whether like or unlike the ones named. 34 C.F.R. §300.20 Authority: 20 U.S.C. 1221e-3

  23. Section 300.113 - Routine checking of hearing aids and external components of surgically implanted medical devices

    34 C.F.R. § 300.113   Cited 6 times

    (a)Hearing aids. Each public agency must ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly. (b)External components of surgically implanted medical devices. (1) Subject to paragraph (b)(2) of this section, each public agency must ensure that the external components of surgically implanted medical devices are functioning properly. (2) For a child with a surgically implanted medical device who is receiving special education and