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Federal Appeals Court Says Teacher Can’t be Sued by Child Who Left School District

Minnesota, January 8, 2010
A federal appeals court has said a child and her mother did not have standing to sue the Willmar School District over alleged mistreatment by a special education teacher.

Because Jackie Nelson filed a complaint after she had transferred her child to another district in the fall of 2006, she no longer had a valid claim against the Willmar district, according to an opinion issued Thursday by the Eighth Circuit Court of Appeals.

Using previous decisions as a precedent, the three-judge appeals court panel ruled that the claim against the school district under the Individuals with Disabilities Education Act must have been filed before the child was transferred.

The court also dismissed several constitutional claims.

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Copy and paste URL: http://www.wctrib.com/event/article/id/61988/

1 comment:

Happy Elf Mom (Christine) said...

WOW. SO you have to stay and take *#%% and abuse while filing... You can't ESCAPE the situation and be sure you're safe BEFORE filing.

What a bunch of losers are on this court!!