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The Special Ed Advocate is our free online newsletter about special education legal issues, cases, tactics and strategy, educational methods that work, and Internet links.
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1. HOW THE CARTER CASE EVOLVED
* * THE DECISIONS * *
U. S. DISTRICT COURT
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.
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.
(To read the pdf file, you need Adobe Reader which is available free at http://www.adobe.com)
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).
4. MORE CARTER RESOURCES FROM WRIGHTSLAW
CARTER LINKS PAGE
THE UNTOLD STORY
THREE GENERATIONS AT THE SUPREME
THE LAW LIBRARY @ WRIGHTSLAW
THE SPECIAL ED ADVOCATE NEWSLETTER
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
U. S. Supreme Court Newsletter
For subscription instructions, go to http://www.law.cornell.edu/focus/bulletins.html
THE OYEZ PROJECT
Take a "Virtual Tour" of the Supreme
Court at http://oyez.at.nwu.edu/tour/index.html
6. COMING SOON! WRIGHTSLAW: TACTICS & STRATEGY MANUAL
TABLE OF CONTENTS
PART ONE: PROBLEMS & OBSTACLES
PART TWO: TACTICS & STRATEGY
PART THREE: LEGAL & ADVOCACY
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!
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.