Wrightslaw

We publish this newsletter occasionally, when time permits. Back issues of The Special Ed Advocate are archived at our web site -

https://www.wrightslaw.com

As a subscriber to The Special Ed Advocate, you will receive announcements and "alerts" about new cases and other events. Contact, copyright, and subscription information can be found at the end of this newsletter.

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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. U. S. District Court Decision, Shannon Carter v. Florence County

APPEAL TO THE U. S. COURT OF APPEALS FOR THE 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 in html

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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 and read the Transcript of Oral Argument in Adobe Acrobat or html format.

In Adobe Acrobat:

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

In 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

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4. MORE CARTER RESOURCES FROM WRIGHTSLAW

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

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

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. In this article, Pete discusses the impact that Orton Dyslexia Society members had on his life, with thanks to Helene Dubrow, Diana Hanbury King, Roger Saunders, and Linda Summer.

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

THE LAW LIBRARY @ WRIGHTSLAW
Includes caselaw, articles about tactics and strategy, special education regulations.

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

THE SPECIAL ED ADVOCATE NEWSLETTER
Subscribe to the free newsletter about legal and advocacy issues from Wrightslaw.

LINK: https://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 at http://www.fedworld.gov/supcourt/index.htm

THE OYEZ PROJECT
The U. S. Supreme Court Multimedia Database from Northwestern University at http://oyez.at.nwu.edu/

Take a "Virtual Tour" of the Supreme Court at http://oyez.at.nwu.edu/tour/index.html

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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!

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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

ORDER

REVIEWS

AMAZON ORDERS

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