Case: Jim C. v. Arkansas Department of Education

4:96-cv-00748 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Sept. 20, 1996

Closed Date: Aug. 29, 2001

Clearinghouse coding complete

Case Summary

On September 20, 1996 parents of a child with special education needs filed suit against the Arkansas Department of Education (ADE), Arch Ford Education Services Cooperative, and the local school district, in the Eastern District of Arkansas for their failure to provide additional treatment to their child, consistent with the "Lovaas methodology," an educational methodology found to have had success in treating children with autism. The plaintiffs alleged that the school district's refusal to i…

On September 20, 1996 parents of a child with special education needs filed suit against the Arkansas Department of Education (ADE), Arch Ford Education Services Cooperative, and the local school district, in the Eastern District of Arkansas for their failure to provide additional treatment to their child, consistent with the "Lovaas methodology," an educational methodology found to have had success in treating children with autism. The plaintiffs alleged that the school district's refusal to implement 40 weekly hours of Lovaas-based education was a violation of the Individuals with Disabilities Education Act (IDEA), § 504 of the Rehabilitation Act and 42 U.S.C. § 1983.

The ADE moved for dismissal or summary judgment, asserting in part that the Eleventh Amendment prevented a federal court from exercising jurisdiction over the IDEA, § 504, and § 1983 claims. The district court judge denied this motion. The judge agreed with the order in Bradley v. Arkansas Dep't of Educ., which held that the Congress properly exercised its power when it legislated the provisions of IDEA that abrogate the state's Eleventh Amendment immunity. Bradley v. Arkansas Dep't of Educ. (E.D. Ark. Nov. 21, 1997)(holding that Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) made IDEA's abrogation provisions valid.)

In August, 1999, Bradley was reversed on appeal by the 8th Circuit. 189 F.3d 745, 756 (8th Cir. 1999). Arkansas subsequently filed an interlocutory appeal for this case, arguing that the Bradley panel's decision that declared § 504 invalid for stepping over state sovereign immunity should apply here. 189 F.3d 745, 756 (8th Cir. 1999).

But on plaintiffs' suggestion for rehearing en banc on the spending-power issue alone, the 8th Circuit in January, 2001 vacated that portion of the panel's opinion in Bradley and held that Section 504 is a valid exercise of Congress's spending power. 235 F.3d 1079 (8th Cir. 2000), cert. denied, 533 U.S. 949 (2001). In the same opinion, the 8th Circuit held that Arkansas waived its immunity with respect to Section 504 suits by accepting federal funds and accordingly affirmed the judgment of the District Court denying the State's motion to dismiss. 235 F.3d 1079 (8th Cir. 2000), cert. denied, 533 U.S. 949 (2001).

However, in April, 2001, the district court held that the defendant school district has provided the plaintiff with an education program that satisfies the district's legal obligations. First, the court agreed with the 1996 ruling from the administrative hearing that was in favor of the school district. Upon the plaintiffs' request to implement the Lovaas-based instruction, an adminisitrative due process hearing was held under IDEA. At the hearing, experts testified that there are similarities between the Lovaas method and the teaching methods adopted by the ADE and pointed out negative components of the Lovaas method. In a decision dated August 21, 1996, Hearing Officer Ammel ruled in favor of the school district. Second, the court found that after the 1996 hearing, the district continued to reimburse the Plaintiffs for 19 weekly hours of Lovaas instruction which were carried out in the Plaintiffs' home. Plaintiffs continued supplementing, at their own expense, the amount of Lovaas instruction funded by the district so that the plaintiff was receiving about 40 hours of weekly Lovaas instruction. Third, the court agreed with the 1999 administrative due process hearing, which ruled that the school district had met its burden of proving that J.C.'s IEP was reasonably calculated to offer him educational benefits. Therefore, the court concluded that the state defendant was compliant with IDEA and § 504 of the Rehabilitation Act.

The court also denied the plaintiff's motion for reconsideration, finding no manifest error of law or fact. The Supreme Court denied cert.

Summary Authors

Soojin Cha (10/17/2016)

Related Cases

Bradley v. Arkansas Department of Education, Eastern District of Arkansas (1996)

People


Judge(s)

Arnold, Richard Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Eisele, Garnett Thomas (Arkansas)

Attorneys(s) for Plaintiff

McGowan, Thomas H. (Arkansas)

Peters, Scott H. (Iowa)

White, Mary Jane (Iowa)

Attorneys(s) for Defendant

Blume, W. Paul (Arkansas)

Brazil, William Clay (Arkansas)

Humphries, Tim C. (Arkansas)

Leonard, Anita Perkins (Arkansas)

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Eisele, Garnett Thomas (Arkansas)

Attorneys(s) for Plaintiff

McGowan, Thomas H. (Arkansas)

Peters, Scott H. (Iowa)

White, Mary Jane (Iowa)

Attorneys(s) for Defendant

Blume, W. Paul (Arkansas)

Brazil, William Clay (Arkansas)

Humphries, Tim C. (Arkansas)

Leonard, Anita Perkins (Arkansas)

Robinson, Sherri L. (Arkansas)

Yeargan, Leigh Anne (Arkansas)

Documents in the Clearinghouse

Document

4:96-cv-00748

Docket [PACER]

Aug. 29, 2001

Aug. 29, 2001

Docket
68

4:96-cv-00748

98-01010

98-01830

Opinion

U. S. Court of Appeals for the Eighth Circuit

189 F.3d 745

Oct. 13, 1999

Oct. 13, 1999

Order/Opinion

4:96-cv-00748

Order

U. S. Court of Appeals for the Eighth Circuit

197 F.3d 958

Dec. 14, 1999

Dec. 14, 1999

Order/Opinion
75

4:96-cv-00748

Order of Consolidation

March 22, 2000

March 22, 2000

Order/Opinion
87

4:96-cv-00748

98-01830

Opinion

U. S. Court of Appeals for the Eighth Circuit

235 F.3d 1079

Jan. 30, 2001

Jan. 30, 2001

Order/Opinion
102

4:96-cv-00748

Order Denying Motion for Reconsideration

Jim C. v. Arkansas Department of Education

April 27, 2001

April 27, 2001

Order/Opinion
101

4:96-cv-00748

4:99-cv-00921

Amended Order

April 27, 2001

April 27, 2001

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
2

MEMO to file regarding service of complaint (bfw) (Entered: 09/26/1996)

Sept. 20, 1996

Sept. 20, 1996

3

MOTION by plaintiffs for attorney Mary Jane White to appear pro hac vice (bfw) (Entered: 09/26/1996)

Sept. 20, 1996

Sept. 20, 1996

4

ORDER (DOC) granting motion for attorney Mary Jane White to appear pro hac vice [3−1] (cc: all counsel) 10/7/96 (former empl) (Entered: 10/07/1996)

Oct. 7, 1996

Oct. 7, 1996

UTILITY EVENT: Add attorney Mary Jane White for pltfs (former empl) (Entered: 10/21/1996)

Oct. 21, 1996

Oct. 21, 1996

5

AMENDED complaint [1−1] by plaintiffs; adding Arch Ford Education and Arkansas Department of Education (bmt) (Entered: 01/10/1997)

Jan. 10, 1997

Jan. 10, 1997

6

MOTION by plaintiffs for attorney Scott H. Peters to appear pro hac vice (bmt) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

7

ORDER (DOC) granting motion for attorney Scott H. Peters to appear pro hac vice as co−counsel with Thomas H McGowan as attorneys for the pltf [6−1] (cc: all counsel) (former empl) (Entered: 01/30/1997)

Jan. 28, 1997

Jan. 28, 1997

8

ANSWER by defendant Arch Ford Education to amended complaint (former empl) (Entered: 01/31/1997)

Jan. 29, 1997

Jan. 29, 1997

9

ANSWER by separate defendant Arkansas Department of Education (former empl) (Entered: 02/03/1997)

Jan. 30, 1997

Jan. 30, 1997

10

RETURN OF SERVICE executed upon defendant Arch Ford Education on 1/16/97 (former empl) Modified on 02/06/1997 (Entered: 02/03/1997)

Jan. 31, 1997

Jan. 31, 1997

10

RETURN OF SERVICE executed upon separate defendant Arkansas Education on 1/17/97 (former empl) (Entered: 02/03/1997)

Jan. 31, 1997

Jan. 31, 1997

UTILITY EVENT: Add attorney Scott H Peters for pltfs (former empl) (Entered: 02/03/1997)

Feb. 3, 1997

Feb. 3, 1997

11

ANSWER by defendant Atkins Sch District (kjp) (Entered: 02/06/1997)

Feb. 5, 1997

Feb. 5, 1997

12

MOTION by pltfs to enlarge the record (administrative record &exhibits in separate binders (2)) (former empl) Modified on 03/19/1997 (Entered: 03/19/1997)

March 17, 1997

March 17, 1997

13

BRIEF by pltfs in support of motion to enlarge the record [12−1] (in separate folder) (former empl) (Entered: 03/19/1997)

March 17, 1997

March 17, 1997

14

ORDER by Judge G. T. Eisele granting motion to enlarge the record to include certain records filed with their motion as Supplemental Exhibit X [12−1] (cc: all counsel) (former empl) (Entered: 04/25/1997)

April 23, 1997

April 23, 1997

15

MOTION by plaintiff for partial summary judgment by appellate ruling (former empl) Modified on 11/18/1997 (Entered: 05/30/1997)

May 29, 1997

May 29, 1997

16

RESPONSE by deft Arkansas Education to motion for partial summary judgment [15−1] (bsm) (Entered: 06/03/1997)

June 2, 1997

June 2, 1997

17

STATEMENT OF MATERIAL FACTS in issue by deft Arkansas Education [16−1] (bsm) (Entered: 06/03/1997)

June 2, 1997

June 2, 1997

18

MOTION by deft Arch Ford Education for enlargement of time to respond to motion for partial summary judgment (bsm) (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

19

BRIEF by deft Arch Ford Education in support of motion for enlargement of time to respond to motion for partial judgment [18−1] (bsm) (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

20

MOTION by plaintiff to compel discovery responses by AFESC (former empl) (Entered: 06/16/1997)

June 16, 1997

June 16, 1997

21

PLAINTIFFS' ADVISE TO COURT &COUNSEL regarding ADOE'S statement of material facts &to compel answers to interrogatories 1 &2 (former empl)

June 16, 1997

June 16, 1997

23

ORDER by Judge G. T. Eisele granting motion for enlargement of time until 06/23/97 to respond to motion for partial judgment [18−1] [15−1] (cc: all counsel) (former empl) (Entered: 06/19/1997)

June 18, 1997

June 18, 1997

24

RESPONSE by defendant Arch Ford Education to motion for partial summary judgment [15−1] (former empl) (Entered: 06/19/1997)

June 18, 1997

June 18, 1997

25

STATEMENT OF FACTS (Rule 29) by defendant Arch Ford Education in support of motion response [24−1] (former empl) (Entered: 06/19/1997)

June 18, 1997

June 18, 1997

26

RESPONSE by separate deft to motion to compel discovery responses by AFESC [20−1] (former empl) (Entered: 06/20/1997)

June 19, 1997

June 19, 1997

27

RESPONSE by deft Arkansas Education to motion to compel [21−1] (bsm) (Entered: 06/24/1997)

June 23, 1997

June 23, 1997

28

RESPONSE by deft to motion for partial summary judgment [15−1] (former empl) (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

29

BRIEF by Atkins School District in support of response to motion [28−1] (former empl) (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

30

STATEMENT OF FACTS by Atkins Sch District in support of response to motion [28−1] (former empl) (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

31

SCHEDULING ORDER: (DOC) setting trial for 9:15 the week of 12/1/97; discovery due 10/6/97; status report due 10/6/97; pretrial info sheet due 11/10/97 (cc: all counsel) (former empl) (Entered: 06/27/1997)

June 27, 1997

June 27, 1997

32

MOTION by plaintiff to compel discovery responses by Atkins School District (former empl) (Entered: 06/30/1997)

June 27, 1997

June 27, 1997

33

ORDER by Judge G. T. Eisele granting pltf's motions to compel discovery [32−1] [20−1] [21−1]; deft will have until 8/15/97 to respond (cc: all counsel) (former empl) (Entered: 07/31/1997)

July 30, 1997

July 30, 1997

34

AMENDED SCHEDULING ORDER (DOC) trial set for 9:15 during the week of 3/9/98; discovery due 1/12/98; status report due 1/12/98; pretrial informaiton sheet due 2/16/98 (cc: all counsel) (former empl) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

35

MOTION by Arkansas Education to dismiss for lack of jurisdiction &in the alternative for summary judgment , for continuance pending an interlocutory appeal (former empl) (Entered: 10/21/1997)

Oct. 20, 1997

Oct. 20, 1997

36

BRIEF by Arkansas Department of Educaton's in support of motions to dismiss for lack of jurisdiction, for summary judgment &for continuance pending an interlocutory appeal [35−1] [35−2] [35−3] (former empl) (Entered: 10/21/1997)

Oct. 20, 1997

Oct. 20, 1997

37

STATEMENT OF FACTS by Arkansas Department of Education in support of motion for summary judgment [35−2] (former empl) (Entered: 10/21/1997)

Oct. 20, 1997

Oct. 20, 1997

38

NOTICE of change of address for attorney for pltfs by Mary Jane White to Post Office Box 358, Waukon, IA 52172−0358 (# 34 remailed to new address) (former empl) Modified on 10/28/1997 (Entered: 10/28/1997)

Oct. 28, 1997

Oct. 28, 1997

39

MOTION by pltfs to extend time to respond to Adoe's motion to dismiss for summary judgment (former empl) (Entered: 11/05/1997)

Nov. 4, 1997

Nov. 4, 1997

40

ORDER by Judge G. T. Eisele granting motion to extend time to respond to ADOE's motion to dismiss for summary judgment [39−1] [35−1] [35−2]; response due 11/25/97 (cc: all counsel) (former empl) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

41

RESPONSE by pltfs to motion to dismiss for lack of jurisdiction [35−1] and/or for summary judgment [35−2] and continuance pending an interlocutory appeal [35−3] (bkp) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

42

BRIEF by pltfs in support of cross−motion for summary judgment and response to ADOE's motion to dismiss and/or motion for summary judgment [41−1] (bkp) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

43

RESPONSE by pltfs to ADOE's statement of material facts [17−1] (bkp) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

43

STATEMENT OF FACTS (Rule 29) by pltfs in support of motion for summary judgment [41−1] (bkp) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

44

MOTION to substitute attorney Leigh Anne Yeargan in place of Tim C. Humphries as counsel for separate deft Arkansas Dept of Education (former empl) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

45

MOTION by Arkansas Education to extend time to respond to pltf's cross−motion for summary judgment (former empl) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

46

ORDER by Judge G. T. Eisele granting motion to extend time to respond to pltf's cross−motion for summary judgment until 12/12/97 [45−1] [41−1]; granting motion to substitute attorney Leigh Anne Yeargan in place of Tim C. Humphries as counsel for separate deft Arkansas Dept of Education [44−1] (cc: all counsel) EOD 12/9/97 (bmt) (Entered: 12/09/1997)

Dec. 9, 1997

Dec. 9, 1997

47

RESPONSE by separate deft Arkansas Department of Education to pltf's cross−motion for summary judgment [41−1] (former empl) (Entered: 12/16/1997)

Dec. 12, 1997

Dec. 12, 1997

48

RESPONSE by separate deft to pltf's statement of material facts not at issue for cross−motion for summary judgment [43−1] (former empl) (Entered: 12/16/1997)

Dec. 12, 1997

Dec. 12, 1997

49

SEPARATE DEFENDANT Arkansas Department of Education's status report (former empl) (Entered: 01/14/1998)

Jan. 12, 1998

Jan. 12, 1998

50

STATUS REPORT by Arch Ford Education (former empl) (Entered: 01/20/1998)

Jan. 16, 1998

Jan. 16, 1998

51

MOTION by separate deft Arch Ford Education Service Cooperative for continuance until the appeal has been decided (former empl) (Entered: 01/28/1998)

Jan. 26, 1998

Jan. 26, 1998

52

ORDER (DOC) granting oral motion for extension of time to file the pretrial information sheets &trial briefs; Pretrial Infomation Sheet due 2/25/98; Trial Brief due 2/25/98 (cc: all counsel) (former empl) (Entered: 02/13/1998)

Feb. 13, 1998

Feb. 13, 1998

53

MEMORANDUM OPINION &ORDER by Judge G. T. Eisele granting motions for continuance [51−1] [35−3]; motions for summary judgment are held in abeyance; granting in part, denying in part Arkansas Department of Education's motion to dismiss based on the Eleventh Amendment immunity; the remaining claims in Arkansas Department of Education's mot to dismiss immunity are held in abeyance [41−1] [35−1] [35−2] [15−1] (cc: all counsel) EOD 2/23/98 (former empl) Modified on 07/01/1998 (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

54

MOTION by defendant Arkansas Education to substitute attorney Tim Humphries in place of Leigh Anne Yeargan (bmt) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

55

ORDER granting motion to substitute attorney Tim Humphries in place of Leigh Anne Yeargan for deft AR Education [54−1] (cc: all counsel) (bsm) (Entered: 03/05/1998)

March 4, 1998

March 4, 1998

56

NOTICE of appeal by defendant Arkansas Education from District Court decision [53−2] (appeal fees paid) (2 certified copies to Clerk 8USCA), (cc: counsel) (dac) Modified on 03/16/1998 (Entered: 03/16/1998)

March 12, 1998

March 12, 1998

57

AMENDED SCHEDULING ORDER: (DOC) Court trial set for 9:15 a.m. on 10/13/98; discovery due 8/18/98; status report due 8/18/98; pretrial info sheet due 9/22/98 (cc: all counsel) (bsm) Modified on 03/16/1998 (Entered: 03/16/1998)

March 16, 1998

March 16, 1998

DOCKET NOTE: original file forwarded to Clerk USCA8, per request of Joe Hagen (dac) (Entered: 03/30/1998)

March 30, 1998

March 30, 1998

58

WRITTEN STATUS REPORT by defendant Arkansas Education (dac) (Entered: 08/18/1998)

Aug. 18, 1998

Aug. 18, 1998

59

WRITTEN STATUS REPORT by defendant Arch Ford Education (dac) (Entered: 09/03/1998)

Sept. 3, 1998

Sept. 3, 1998

60

MOTION by defendant Arch Ford Education for continuance (kjp) (Entered: 09/21/1998)

Sept. 17, 1998

Sept. 17, 1998

61

MEMO TO FILE: finding the motion to dismiss for lack of jurisdiction moot [35−1] (former empl) (Entered: 09/23/1998)

Sept. 22, 1998

Sept. 22, 1998

62

ORDER by Judge G. T. Eisele ruling on the pending motions is hereby held in abeyance [41−1] [35−2] [15−1]; the Court will grant Arch Ford's motion for continuance by entering an amended shceduling order in the near future (cc: all counsel) (former empl) (Entered: 09/23/1998)

Sept. 22, 1998

Sept. 22, 1998

Docket Modification (Utility Event) finding the motion for continuance [60−1] moot due to entry of amended scheduling order. (mah) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

63

AMENDED SCHEDULING ORDER; Court trial set for 9:15 a.m. on 1/5/99 in Little Rock, AR; discovery due 11/10/98; pretrial info sheet due 12/15/98 (cc: all counsel) (bsm) (Entered: 09/25/1998)

Sept. 24, 1998

Sept. 24, 1998

64

WRITTEN STATUS REPORT by plaintiffs (former empl) (Entered: 10/01/1998)

Oct. 1, 1998

Oct. 1, 1998

65

MOTION by defendant Arch Ford Education to continue (dac) (Entered: 10/23/1998)

Oct. 23, 1998

Oct. 23, 1998

66

WRITTEN STATUS REPORT by defendant Arkansas Education (dac) (Entered: 11/12/1998)

Nov. 10, 1998

Nov. 10, 1998

67

ORDER by Judge G. T. Eisele granting motion to continue [65−1] (cc: all counsel) (dac) (Entered: 11/12/1998)

Nov. 10, 1998

Nov. 10, 1998

68

Opinion (8USCA) (dac) (Entered: 10/13/1999)

Oct. 13, 1999

Oct. 13, 1999

69

MANDATE from 8 USCA affirming in part, reversing in part the decision of the District Court and remanding for proceedings consistent with the opinion of this court [56−1] (USCA8 Order of 10/7/99− plaintiffs−appellees shall recover from defendants−appellants $237.80 as costs on appeal(order filed 10/13/99) (Original files remain in possession of Clerk USCA8) (dac) Modified on 10/13/1999 (Entered: 10/13/1999)

Oct. 13, 1999

Oct. 13, 1999

70

ORDER (8 USCA) plaintiffs−appellees shall recover from defendants−appellants $237.80 as costs on appeal (dac) (Entered: 10/13/1999)

Oct. 13, 1999

Oct. 13, 1999

DOCKET NOTE: 2 vols original files returned from Clerk USCA8 (dac) (Entered: 10/18/1999)

Oct. 18, 1999

Oct. 18, 1999

71

ORDER (8 USCA) on Court's own motion, the mandate issued 10/6/99 is recalled for the reason that it was entered prematurely (dac) (Entered: 11/01/1999)

Oct. 19, 1999

Oct. 19, 1999

72

Opinion (8USCA) (dac) (Entered: 11/01/1999)

Oct. 29, 1999

Oct. 29, 1999

73

MANDATE from 8 USCA judgment of the district court is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with the opinion of this court (dac) (Entered: 11/01/1999)

Oct. 29, 1999

Oct. 29, 1999

74

LETTER/ORDER by Judge G. T. Eisele directing parties to submit a status report outlining views of the issues remaining for the Court to decide; the pltfs &Arkansas Department of Education should update their briefs to reflect any relevant changes in the law &to emphasize the issues remaining for consideration; separate defts Atkins &Arch Ford should update any filings regarding their opposition to the pltfs' motions; pltfs &separate defts should submit their positions on the necessity of a trial; status reports due no later than 1/3/00 (cc: all counsel) (former empl) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

76

ANSWER by Atkins Sch District to first amended complt lej) (Entered: 03/24/2000)

March 23, 2000

March 23, 2000

77

MOTION by deft Arkansas Education to dismiss (bsm) (Entered: 04/05/2000)

April 4, 2000

April 4, 2000

78

BRIEF by deft Arkansas Education in support of motion to dismiss [77−1] (bsm) (Entered: 04/05/2000)

April 4, 2000

April 4, 2000

79

RESISTANCE by plaintiffs to motion to dismiss of separate deft Arkansas Department of Education [77−1] (bsm) (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

80

BRIEF by plaintiffs in support of pltfs' resistance to Motion to Dismiss of separate deft Arkansas Department of Education [79−1] (bsm) (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

81

MOTION by plaintiffs to enlarge the record [81−1] (bsm) (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

82

MOTION by plaintiffs for partial summary judgment on IDEA claims against Atkins Schol District with additional Exhibits A−K (except E, available directly from publisher) (bsm) Modified on 06/06/2000 (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

83

RESPONSE by deft Arch Ford Education to motion for partial summary judgment on IDEA claims against Atkins Schol District [82−1] (bsm) (Entered: 07/05/2000)

June 30, 2000

June 30, 2000

84

RESPONSE by deft Atkins Sch District to pltf's motion for partial summary judgment [82−1] (bsm) (Entered: 07/24/2000)

July 24, 2000

July 24, 2000

85

BRIEF by deft Atkins Sch District in support of response to pltf's motion for partial summary judgment [84−1] (bsm) (Entered: 07/24/2000)

July 24, 2000

July 24, 2000

86

MOTION by deft Arkansas Education to substitute attorney Sherri L. Robinson in place of Tim C. Humphries (bsm) (Entered: 12/08/2000)

Dec. 7, 2000

Dec. 7, 2000

87

Opinion (8USCA) (dac) (Entered: 01/30/2001)

Jan. 30, 2001

Jan. 30, 2001

88

MANDATE from 8 USCA judgment of the district court is affirmed (dac) (Entered: 01/30/2001)

Jan. 30, 2001

Jan. 30, 2001

89

MOTION by deft Atkins Sch District for summary judgment (bsm) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

90

BRIEF by Atkins Sch District in support of motion for summary judgment [89−1] (bsm) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

91

STATEMENT OF MATERIAL FACTS by Atkins Sch District for which no issues exist to be tried [89−1] (bsm) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

92

ATTORNEY APPEARANCE for Arkansas Education; attorney Anita P. Leonard (bsm) (Entered: 03/19/2001)

March 16, 2001

March 16, 2001

93

MOTION by deft Arch Ford Education for summary judgment of separate deft Arch Ford Education Service Cooperative (bsm) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

94

ORDER by Judge G. T. Eisele granting deft Atkins School District's motion for summary judgment [89−1], denying pltfs' motions for summary judgment [15−1] [82−1] [41−1], all other pending motions are dismissed as moot [93−1] [86−1] [81−1] [77−1] [35−2]; pltfs' complts are dismissed with prejudice as to all defts; terminating case (cc: all counsel) (bsm) (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

95

NOTICE of filing petition for a writ of certiorari with Supreme Court #00−1488 (dac) (Entered: 04/05/2001)

April 5, 2001

April 5, 2001

96

MOTION by plaintiffs under various Federal Rules of Civil Procedure to reconsider the 3/23/01 Order (bsm) (Entered: 04/11/2001)

April 9, 2001

April 9, 2001

Case Details

State / Territory: Arkansas

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 1996

Closing Date: Aug. 29, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a private party, a parent of a child with autism.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arkansas Department of Education, State

Case Details

Causes of Action:

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Special education

Disability:

disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run