Wrights
law


The Special Ed Advocate Newsletter
July 11, 2001

 Home  >  Advocacy Libraries  >  Newsletter Archives  >  2001  >  July 11


The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2014 - 2015 Training Programs

Oct 25 - Olympia, WA

Oct 30 - Phoenix, AZ

Nov. 1 - Grand Rapids, MI

Nov 6 - McAllen, TX

Nov 18 - DesMoines, IA

Nov 21 - Temecula, CA

Dec 4 - OKC, OK

Full Schedule

Be a Hero ...

 Jason at Ft. Benning
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Summer School Series
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
ISEA
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 
On July 10, 2001, the U. S. Court of Appeals for the Fourth Circuit issued a decision in Stefan Jaynes v. Newport News Public Schools. Pete is the attorney who represents Stefan.

http://www.wrightslaw.com/law/caselaw/2001/4th.jaynes.nnews.htm

BACKGROUND

At age two, Stefan Jaynes was diagnosed with autism. When his parents tried to get early intervention services from the school district, they ran into resistance. Although the district developed an IEP for Stefan, the district did not involve Stefan's parents, nor did the district advise the parents of their rights.

When the parents contacted the district for help, Newport News "either ignored or denied their requests." The IEP was not implemented for several months.

When the district placed Stefan in a generic preschool program, he regressed. His parents pulled him out of this program and implemented an intensive Lovaas/ABA program.

ANATOMY OF A SPECIAL EDUCATION CASE

After the parents learned that they had a right to a due process hearing, they requested a hearing and won. The Hearing Officer awarded the parents $117,000.

When a Review Officer reduced this award by half, Pete appealed to federal court.

On September 7, U. S. District Court Judge Henry Coke Morgan, Jr. issued a favorable decision and awarded Stefan's parents $103,000.

The court found that Newport News' IEPs contained numerous deficiencies. The court also found that the district unilaterally "eliminated numerous programs from the IEP [but] provided no explanation or justification for striking these programs."

Newport News appealed to the U. S. Court of Appeals for the Fourth Circuit. On June 7, the Court of Appeals heard oral argument. On July 10, the court issued this decision in Stefan's case.

You can download the pleadings and decisions in this case from "Anatomy of a Special Education Case" at the Wrightslaw site.

NOTE: To read some of these documents, you must have Adobe PDF Reader software loaded in your computer. You can download Adobe PDF Reader software free from the Adobe site.

YOUR QUESTIONS

We expect this decision to evoke questions for many readers. We are writing an article about Stefan Jaynes' case which we will publish within the next few weeks. If you have a specific factual, legal, or procedural question about THIS CASE,please send your question about THIS CASE to

We will try to answer your questions in the forthcoming article.
Subscription Information

The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, tactics and strategy, and Internet resources.

Subscribers receive announcements and "alerts" about new cases, events, and special offers on Wrightslaw books.

To subscribe

Read Back issues of the Special Ed Advocate

Link To Us. Nearly 1,000 sites link to Wrightslaw. If you want to spread the word about special education advocacy, download a banner or image:

Home

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

 

Copyright 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map