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October 12, 2007

Comments

T.J. Rohr

A 4-4 decision has no precedential value. The Second Circuit's decision is good law there, but the Supreme Court's decision has no effect for the rest of the country.

Larry Welkowitz

The original opinion of the 2nd Circuit can be found at http://64.233.169.104/search?q=cache:RJPaD-mD1XIJ:caselaw.findlaw.com/data2/circs/2nd/027483p.pdf+Second+Circuit+IEP&hl=en&ct=clnk&cd=1&gl=us
In terms of the Supreme Court decision, the abstainer was Kennedy, who did not say why he recused himself (http://www.washingtonpost.com/wp-dyn/content/article/2007/10/10/AR2007101000796.html) but the fact that it was a 4-4 split decision to uphold the 2nd Circuit Court decision may mean that implications are unclear since a future court may ignore this one.
-Larry Welkowitz

Melissa

Awesome. So a parent does not have to try out the school's IEP plan before they can try doing something about it. Nice.

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