Kruelle v. Biggs

14 Citing cases

  1. Kruelle v. New Castle County Sch. Dist

    642 F.2d 687 (3d Cir. 1981)   Cited 156 times
    Holding that state department of education is liable for failure of local school district to comply with what is now the Individuals with Disabilities Education Act

    In addition to his physical problems, he has had a history of emotional problems which result in choking and self-induced vomiting when experiencing stress." Kruelle v. Biggs, 489 F. Supp. 169, 172 (D.Del. 1980). The chronicle of Paul's educational placements begins in 1973, when he entered the Barber Center Preschool Program in Pennsylvania, where the Kruelle family then resided.

  2. Parks v. Pavkovic

    557 F. Supp. 1280 (N.D. Ill. 1983)   Cited 5 times

    Moreover, the Act explicitly requires that placements be made in the least restrictive environment. See Kruelle v. New Castle County School District, 642 F.2d 687, 695 (3d Cir. 1981); Department of Education v. Katherine D., 531 F. Supp. 517, 525-27 (D.Haw. 1982); Kruelle v. Biggs, 489 F. Supp. 169, 174 (D.Del. 1980), aff'd sub nom. Kruelle v. New Castle County School District, 642 F.2d 687 (3d Cir. 1981); 20 U.S.C. § 1412(5) (1976).See also Board of Educ. v. Rowley, ___ U.S. ___, 102 S.Ct. 3034, 3049, 73 L.Ed.2d 690 (1982)

  3. Campbell v. Talladega County Board of Education

    518 F. Supp. 47 (N.D. Ala. 1981)   Cited 30 times
    In Campbell, the district court found that the student's IEP was inadequate and then ordered that the student's teacher be trained to implement the new IEP that the court ordered the school district to provide.

    Other courts have similarly recognized the importance of the mainstreaming requirement. See, e.g., Tatro v. Texas, 625 F.2d 557, 561 (5th Cir. 1980); Kruelle v. Biggs, 489 F.Supp. 169, 174 (D.Del. 1980); Hairston v. Drosick, 423 F.Supp. 180, 183-84 (S.D.W. Va. 1976) (decided under Section 504). At the present time Joseph has virtually no contact with nonhandicapped students outside of his lunch period and even then such contacts are few. From the testimony presented, this court finds that Joseph is not placed into contact with nonhandicapped students to the maximum extent consistent with an appropriate education program.

  4. Mary v. School Dist

    575 F.3d 235 (3d Cir. 2009)   Cited 115 times
    Finding that private placement was not an appropriate placement because there were no educators on site, no educational services, and the placement had no state educational accreditation.

    Paul Kruelle's medical expert testified that Paul needed a consistent and structured environment in order to benefit from educational services: the expert testified that Paul might be able to physically tolerate a non-residential placement requiring a transition from home to school, but "he may not learn." Kruelle v. Biggs, 489 F.Supp. 169 (D.Del. 1980) (recounting Paul's expert's testimony in greater detail); see also Kruelle, 642 F.2d at 690 (relaying the expert's testimony that Paul needed a consistent environment in order to learn). Thus, with only a change in environment and without more extensive medical interventions such as drugs or psychiatric care, Paul might be enabled to learn.

  5. Evans v. District No. 17 of Douglas County

    841 F.2d 824 (8th Cir. 1988)   Cited 54 times
    In Evans v. District No. 17, 841 F.2d 824, 829 (8th Cir. 1988), the Eighth Circuit held that the failure of a child's parents to request a change in placement and thereby place the district on notice prevented the parents from recovering the costs of their unilateral decision to place their child in private school.

    In other words, children who can be mainstreamed should be mainstreamed, if not for the entire day, then for part of the day; similarly, children should be provided with an education close to their home, and residential placements should be resorted to only if these attempts fail or are plainly untenable. See Kruelle v. Biggs, 489 F. Supp. 169, 174 (D.Del. 1980), aff'd, 642 F.2d 687 (3rd Cir. 1981) ("[B]efore placing a handicapped child in twenty-four hour care program, attempts should be made to provide in-home, after school instruction which would allow the child to remain with his or her family."); Hessler v. State Board of Educ., 700 F.2d 134, 138 (4th Cir. 1983) (private educational services resorted to when "public educational services appropriate for the child are not available."). Thus, Millard properly indicated to the Evanses that less restrictive placements would have to be thoroughly considered before the out-of-state placement at Logopedics could be.

  6. Springdale School Dist. # 50 v. Grace

    656 F.2d 300 (8th Cir. 1981)   Cited 9 times

    They run a broad spectrum. Kruelle v. Biggs, 489 F. Supp. 169 (D.Del. 1980) (maximization of learning potential); Rowley v. Bd. of Ed. of Hendrick Hudson Cent. S.D., 483 F. Supp. 528 (S.D.N.Y. 1980) (full potential commensurate with opportunity provided to nonhandicapped children); DeWalt v. Burkholder, 3 E.H.L.R. 551:550 (E.D.Va. 1980) (most appropriate); Armstrong v. Kline, 476 F. Supp. 583 (E.D.Pa. 1979) (sufficient to make handicapped person independent and self-sufficient). See 45 C.F.R. sections 121a.340-49, 121a.4, 121a.5, 121a.513, 121a.550-551 (1979) for the regulations promulgated under the Act.

  7. D.B. v. Ocean Tp. Bd. of Educ.

    985 F. Supp. 457 (D.N.J. 1997)   Cited 50 times
    Inquiring whether residential placement was "based upon genuine educational need"

    Indeed, it would be difficult to conceive of a more apt case than Paul's for which the unique needs of a child required residential placement.Id. (quoting Kruelle v. Biggs, 489 F. Supp. 169, 173 (D.Del. 1980), aff'd, 642 F.2d 687 (3d Cir. 1981)). The Kruelle court found support for its reasoning in the decision of the Fifth Circuit in Tatro v. Texas, 625 F.2d 557 (5th Cir. 1980), aff'd, 468 U.S. 883, 104 S.Ct. 3371, 82 L.Ed.2d 664 (1984).

  8. Yaris v. Special School Dist. of St. Louis County

    558 F. Supp. 545 (E.D. Mo. 1983)   Cited 15 times
    In Yaris v. Special School District of St. Louis County, 558 F. Supp. 545, 559-60 (E.D.Mo. 1983), aff'd, 728 F.2d 1055 (8th Cir. 1984), the district court determined that the State of Missouri's policy of refusing to provide more than 180 calendar days (nine months) of education per year for handicapped children denied those children a "free appropriate education" in violation of the Education for All Handicapped Children Act, 20 U.S.C. § 1401 et. seq., and that the maintenance of such a policy also violated section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

    Therefore, ultimate responsibility for compliance with statutory mandates rests on the state education agency. Kruelle v. Biggs, 489 F. Supp. 169, 174 (D.Del 1980), affirmed Kruelle v. New Castle County School District, 642 F.2d 687 (3rd Cir. 1981). Section 1412(6) explicitly provides:

  9. Stacey G., Etc. v. Pasadena Independent Sch. Dist.

    547 F. Supp. 61 (S.D. Tex. 1982)   Cited 3 times

    Nevertheless, under the appropriate circumstances, local school districts must provide residential placement to the handicapped child. Kruelle v. Biggs, 489 F. Supp. 169, 173 (D.Del. 1980), aff'd sub nom., Kruelle v. New Castle County School Dist., supra; North v. District of Columbia Bd. of Educ., 471 F. Supp. 136, 139-40 (D.D.C. 1979). As stated by the court in Gladys J. v. Pearland Indep. School Dist., supra, at 875:

  10. Parks v. Pavkovic

    536 F. Supp. 296 (N.D. Ill. 1982)   Cited 30 times
    Excusing exhaustion in challenge to statewide policies because state education agency had already predetermined result

    34 C.F.R. § 300.302 (1981).See Sen.Conf.Rep. No. 94-455, 94th Cong., 1st Sess. 41, reprinted in U.S. Code Cong. Ad.News 1480, 1494 (1975) [hereinafter cited as Conf.Rep.]; House Rep. No. 94-332, 94th Cong., 1st Sess. 18, 21 (1975); Sen. Rep., supra at 32, U.S. Code Cong. Ad.News 1975, 1456; Riley v. Ambach, 508 F. Supp. 1222, 1244-47, rev'd on other grounds, 668 F.2d 635 (2nd Cir. 1981); Kruelle v. Biggs, 489 F. Supp. 169, 173 (D.Del. 1980); North v. District of Columbia Board of Education, 471 F. Supp. 136, 139-41 (D.D.C. 1979). The provision of a free appropriate public education must also include provision of "related services."