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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Posts Tagged ‘Favorable decision’

Parent permitted to use Section 1983 to enforce hearing officer’s order

Monday, May 16th, 2011

Dominique L. v. Board of Education of the City of Chicago, 56 IDELR 65 (N.D. Ill. 2011): The Court determined that the Individuals with Disabilities Education Act (IDEA) provided the parent of a student with Attention Deficit Hyperactivity Disorder (ADHD) with no mechanism to seek court enforcement of the favorable decision of an impartial hearing officer (IHO), since only a party “aggrieved by the findings and decision” of a hearing officer could seek judicial review of that decision.  However, the Court was persuaded by the decisions of many circuit courts of appeals and ruled that the parent may use Section 1983 of the Civil Rights Act to enforce the IHO’s decision.

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