US Court of Appeals Decision regarding Armstrong v. Kline: The 180 Day Rule

1981 ◽  
Vol 47 (4) ◽  
pp. 266-270 ◽  
Author(s):  
Janet F. Stotland ◽  
Ellen Mancuso
Keyword(s):  
Special Education ◽  
Due Process ◽  
The United States ◽  
Department Of Education ◽  
District Court ◽  
Appellate Court ◽  
Policy And Practice ◽  
Related Services ◽  
Court Of Appeals ◽  
Pennsylvania Department Of Education

On June 21, 1979, Judge Clarence C. Newcomer, of the United States District Court for the Eastern District of Pennsylvania, issued his decision and Order in the case of Armstrong v. Kline. Judge Newcomer held that the undisputed policy and practice of the Pennsylvania Department of Education of refusing to provide or fund the provision of a program of special education and related services in excess of 180 days per year to any handicapped student was in violation of Public Law 94-142. Also held to be in violation of the law was the Department's companion policy of instructing all hearing officers who preside at special education due process hearings that they were without the power to order or approve any educational programs exceeding 180 days per year. On July 15, 1980, the Appellate Court upheld the District Court in three separate opinions. This article describes the decision of the District Court, explains how the reasoning of the Appellate Court differs, and points out some of the implications of the Appellate Court's holding.

Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea

2006 ◽  
Vol 34 (4) ◽  
pp. 826-828
Author(s):  
Erika Wilkinson
Keyword(s):  
United States ◽  
New York ◽  
Due Process ◽  
Mental Disease ◽  
The United States ◽  
Fourteenth Amendment ◽  
District Court ◽  
Habeas Corpus ◽  
Equal Protection Clause ◽  
Court Of Appeals

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment.

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

Dysphagia Services in Schools: Applying Special Education Requirements to a Health Service

2009 ◽  
Vol 18 (3) ◽  
pp. 86-90 ◽  
Author(s):  
Lissa Power-deFur
Keyword(s):  
Special Education ◽  
Health Service ◽  
Due Process ◽  
Due Process Hearings ◽  
Related Services ◽  
Eligibility Determination ◽  
Legal Provisions ◽  
Provision Of Services ◽  
Related Service ◽  
Specially Designed Instruction

Abstract School speech-language pathologists and districts frequently need guidance regarding how the legal provisions of special education affect the needs of children with dysphagia. This article reviews key principles of special education that guide eligibility determination and provision of services to all children. In the eligibility process, the school team would determine if the child's disability has an adverse effect on his/her education program and if the child needed special education (specially designed instruction) and related services. Dysphagia services would be considered a related service, a health service needed for the child to benefit from specially designed instruction. The article concludes with recommendations for practice that stem from a review of due process hearings and court cases for children with disabilities that include swallowing.

Zedan v. Kingdom of Saudi Arabia

1988 ◽  
Vol 82 (4) ◽  
pp. 828-830
Author(s):  
Edward M. Leigh
Keyword(s):  
United States ◽  
Saudi Arabia ◽  
Direct Effect ◽  
District Of Columbia ◽  
The United States ◽  
Telephone Call ◽  
District Court ◽  
Kingdom Of Saudi Arabia ◽  
Court Of Appeals ◽  
American Citizen

Plaintiff Zedan, an American citizen, brought suit in the United States District Court for the District of Columbia against the Kingdom of Saudi Arabia for breach of a contract guaranteeing wages and profits. While performance under the contract occurred in Saudi Arabia, plaintiff alleged that the jurisdictional requirements under the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) were satisfied by a recruitment call in California from a representative of the royal overseer of a private Saudi company. The district court granted the Saudi motion to dismiss. On appeal, the United States Court of Appeals for the District of Columbia Circuit (per Silberman, J.) unanimously affirmed and held: (1) that the telephone call did not have the requisite substantiality of contact with the United States; (2) that it was not sufficient to form the basis of a cause of action; and (3) that the alleged breach did not have sufficient direct effect in the United States to satisfy the exceptions to immunity under the FSIA.

United States v. Stuart

1989 ◽  
Vol 83 (4) ◽  
pp. 918-923
Author(s):  
Daniel M. Price
Keyword(s):  
United States ◽  
The United States ◽  
Good Faith ◽  
District Court ◽  
Criminal Prosecution ◽  
Justice Department ◽  
Court Of Appeals ◽  
Canadian Law ◽  
History Of ◽  
The U.S

In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and because the tax investigation of respondents was part of a Canadian criminal investigation, the IRS should be precluded from using its summons authority to honor the Canadian request under the Convention. Unsuccessful in the district court, respondents prevailed in the U.S. Court of Appeals for the Ninth Circuit, which held that under the “good faith” standard applicable to enforcement of domestic summonses, the IRS may issue a summons pursuant to a Convention request only if it first determines and makes an affirmative statement to the effect that the Canadian investigation has not reached a stage analogous to a Justice Department referral by the IRS. The U.S. Supreme Court (per Brennan, J.) reversed, and held: (1) that if the summons is issued in good faith, it is enforceable regardless of whether the Canadian request is directed toward criminal prosecution under Canadian law; and (2) neither United States law nor anything in the text or the ratification history of the Convention supports the imposition of additional requirements. Justice Kennedy (joined by O’Connor, J.), concurring in part and in the judgment, filed a brief opinion to state his view that it is unnecessary to decide whether Senate preratification materials are authoritative sources for treaty interpretation. Justice Scalia, concurring in the judgment, wrote separately to oppose the use of such materials in treaty construction.

Argentine Republic v. Amerada Hess Shipping Corp.

1989 ◽  
Vol 83 (3) ◽  
pp. 565-568
Author(s):  
Carlos M. Vázquez
Keyword(s):  
New York ◽  
The United States ◽  
Federal Courts ◽  
District Court ◽  
Court Of Appeals ◽  
Southern District ◽  
Law Of Nations ◽  
The Supreme Court ◽  
Argentine Republic ◽  
Federal Jurisdiction

Plaintiffs and respondents, Amerada Hess Shipping Corp. and United Carriers, Inc., were respectively the charterer and owner of the Hercules, a crude oil tanker that was bombed in international waters by Argentine military aircraft during the war over the Malvinas or Falkland Islands. The ship was severely damaged and had to be scuttled off the coast of Brazil. After unsuccessfully seeking relief in Argentina, the companies filed suit against defendant and appellant, the Argentine Republic, in the Southern District of New York. Plaintiffs argued that the federal courts had jurisdiction under the Alien Tort Statute (28 U.S.C. §1350 (1982)), which confers federal jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” The district court dismissed the suit for lack of subject matter jurisdiction, holding that the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) is by its terms the sole basis of federal jurisdiction over cases against foreign states. A divided panel of the U.S. Court of Appeals for the Second Circuit reversed. The Supreme Court (per Rehnquist, C.J.) unanimously reversed the Second Circuit and held that the FSIA provides the exclusive basis of federal jurisdiction over suits against foreign states.

Lee v. Dong-A Ilbo

1989 ◽  
Vol 83 (1) ◽  
pp. 90-94
Author(s):  
Sonya D. Winner
Keyword(s):  
United States ◽  
The United States ◽  
Korean American ◽  
District Court ◽  
Public Television ◽  
Court Of Appeals ◽  
South Korean ◽  
Official Report ◽  
Foreign Governments ◽  
Summary Judgment

In 1985 two intelligence agencies of the South Korean Government announced that they had successfully disrupted a North Korean spy ring operating in the United States. Their press release, which was widely publicized in the Korean press, named Chang-Sin Lee as a North Korean agent associated with a spy ring at Western Illinois University, where Lee had been a student. The story was picked up and reported in the United States by six Korean-American newspapers and a public television station. When Lee sued for libel, the defendants relied upon the official report privilege, which gives absolute protection to the accurate republication of official government reports. The district court, holding that the privilege applied and that Lee had not overcome it by showing malice, dismissed the case. Plaintiff appealed to the U.S. Court of Appeals for the Second Circuit, which in a two to one decision reversed (per Ervin, J.) and held: that the official report privilege does not apply to the republication of official reports of foreign governments. Judge Kaufman, sitting by designation, dissented from the majority’s reversal of the district court’s grant of summary judgment.

Overidentification of English Language Learners for Special Education

2020 ◽  
pp. 191-215
Author(s):  
Penelope Debs Keough
Keyword(s):  
Special Education ◽  
English Language Learners ◽  
Language Learners ◽  
English Language ◽  
The United States ◽  
Department Of Education ◽  
Proposition 227 ◽  
United States Department ◽  
Disproportionate Number

Alarming statistics presented by the United States Department of Education reveal a disproportionate number of students of minority language (English language learners) qualify for special education. As far back as 2007, the DOE recognized there was a concerted effort needed to reduce racial and ethnic disproportionality in racial and ethnic identification, placement, and disciplinary actions for minority students' representation in special education. This chapter will examine and address solutions to prevent the over identification of English language learners in special education specifically in the area of identification. As a further objective, the ramifications of this over representation will be examined, and the authors hypothesize about why the over representation occurs. Confusion over the Unz Initiative (1998, Proposition 227) may have inadvertently led to the over identification. A case study, leading to case law, concludes the chapter.

Employment: Protecting Public Health Abrogates Due Process Requirement for Suspension Proceedings

2003 ◽  
Vol 31 (1) ◽  
pp. 167-168
Author(s):  
Guillermo A. Montero
Keyword(s):  
Civil Rights ◽  
Health Care Quality ◽  
Due Process ◽  
Medical Center ◽  
Care Quality ◽  
Memorial Hospital ◽  
District Court ◽  
Court Of Appeals ◽  
Health Care Quality Improvement ◽  
The U.S

In Patel v. Midland Memorial Hospital & Medical Center, the U.S. Court of Appeals for the Fifth Circuit held that the defendant hospital did not violate the plaintiff's due process rights by suspending his clinical privileges without a pre-suspension hearing, where there were reasonable grounds for assuming that patient safety was at risk. Dr. P.V. Patel, a board-certified cardiologist, brought an action against Midland Memorial Hospital and several of its doctors, alleging that the suspension of his clinical privileges violated his right to a pre-suspension hearing; was the result of racial discrimination; and resulted in anticompetitive behavior in violation of antitrust laws. The U.S. District Court for the Western District of Texas granted Midland's motion for summary judgment. The parties filed cross appeals, Dr. Patel on the ground that there were genuine issues of fact for all of his claims, and Midland on the ground that, with the exception of the civil rights claim, it was immune from all of Dr. Patel's claims under the Health Care Quality Improvement Act of 1986 (HCQIA).

Recent Developments in Health Law: Civil Procedure: First Circuit Holds it Unreasonable to Hale Hospitals into Foreign Forums Simply for Accepting Out-of-State Patients — Harlow v. Children's Hospital

2006 ◽  
Vol 34 (2) ◽  
pp. 467-469
Author(s):  
Ashley Clare Hague
Keyword(s):  
United States ◽  
The United States ◽  
District Court ◽  
State Court ◽  
Medical Procedure ◽  
Court Of Appeals ◽  
Children's Hospital ◽  
Children’S Hospital ◽  
Recent Developments ◽  
Behavioral Impairments

The United States Court of Appeals for the First Circuit recently upheld a United States District Court for the District of Maine Judge's decision to dismiss a Maine plaintiff's medical malpractice claim against a Massachusetts hospital defendant for want of personal jurisdiction over the hospital. The Court of Appeals found it unreasonable to hale hospitals into an out-of-state court merely because they accept out-of-state patients.Plaintiff Danielle Harlow is a Maine resident who suffered a stroke at the age of six while undergoing a medical procedure at Children's Hospital of Boston, Massachusetts (“Children's Hospital”). The stroke, allegedly caused by the Hospital's negligence, led to brain damage resulting in partial paralysis and cognitive and behavioral impairments. The procedure was supposed to treat Harlow's rapid heartbeat, a condition related to her Wolff-Parkinson-White Syndrome. Harlow's pediatrician in Maine recommended that she visit Children's Hospital in Boston to treat her arrhythmia.

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