Stockton by Stockton v. Barbour County Bd. of Educ.

3 Citing cases

  1. J.L. v. Williamson Cnty., Tenn., Bd. of Educ.

    No. 23-5704 (6th Cir. Aug. 2, 2024)   Cited 1 times

    And the other cases that the Board relies on-Stockton ex rel. Stockton v. Barbour County Board of Education, 884 F.Supp. 201 (N.D. W.Va. 1995), and Michael C. ex rel. Stephen C. v. Radnor Township School District, 202 F.3d 642 (3d Cir. 2000)-are distinguishable for the reasons identified by the motions panel. Stockton's statement that the child had no current educational placement was undermined by its conclusion that stay put applied to the private school he unilaterally enrolled in. Stockton, 884 F.Supp. at 206-07.

  2. Wagner v. Board of Educ. of Montgomery County, Md.

    198 F. Supp. 2d 671 (D. Md. 2002)   Cited 3 times

    In order to achieve a FAPE, "[f]or each such child, school boards must develop an Individual Educational Plan ('IEP') reasonably calculated to enable the child to receive `educational benefits.'" Stockton v. Barbour County Bd. of Educ., 884 F. Supp. 201, 205 (N.D.W.Va. 1995), aff'd, 112 F.3d 510, 1997 WL 225483 (4th Cir. 1997) (unpublished), quoting Board of Educ. v. Rowley, 458 U.S. 176, 207, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982). "A school system does not `discharge its duty under the Act by providing some minimal academic achievement', no matter how trivial."

  3. Laster v. District of Columbia

    439 F. Supp. 2d 93 (D.D.C. 2006)   Cited 13 times
    Suggesting that where, as here, the defendant did not request a bond, none is required

    See e.g., Bd. of Educ. of Oak Park and River High Sch. v. Ill. State Bd. of Educ. and Kelly E., 10 F. Supp. 2d 971, 982 (N.D. Ill. 1998) (requiring parents of disabled children who sought to change the child's current placement to post a nominal bond of ten dollars), vacated in part on other grounds, 207 F.3d 931, 938 (7th Cir. 2000); Stockton by Stockton v. Barbour County. Bd. of Educ., 884 F. Supp. 201, 208 (N.D. W.Va. 1995) (ordering parents of disabled child who sought to change child's status in contravention of the IEP to post a $10,000 bond to obtain a preliminary motion). Because of the high risk of irreparable injury to the children involved, the court regarded the present case as particularly time sensitive, requiring expedited attention.