DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
093221P.pdf 11/12/2010 Jonathan Doe v. Todd County School District
U.S. Court of Appeals Case No: 09-3221
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Loken, Author, with Bright and Gruender, Circuit
Judges]
Civil case - Civil Rights. Plaintiffs' consent to a placement placed
control over the situation with the student's Individual Educational
Program team, rather than the school board, and because the school board
lacked authority to overrule the team's educational decisions, the board's
refusal to convene a hearing did not violate plaintiffs' federal
constitutional due process rights; the IEP team's educational decisions
must be reviewed in accordance with the procedural safeguards of the
IDEA; however, plaintiffs failed to invoke their rights under the statute,
and the district court erred in granting judgment for the plaintiffs on their
due process claims.