Law Offices of H. Jeffrey Marcus P.C.
Tuesday, October 21, 2008
Settlement agreement enforceable in federal court
Many special education cases do not fit neatly within the prescribed process. Here, the Court found that the parents had not exhausted the administrative process, but allowed them to proceed in federal court on the basis of a violation of a settlement agreement. The district did not schedule a resolution session. The Court, nevertheless, held that the agreement was enforceable in federal court pursuant to 20 USC §1415(f)(1)(B)(iii), the provision affording Court jurisdiction for resolution agreements. See J.M.C. ex rel. E.G.C. v. Louisiana Bd. of Elementary and Secondary Educ., --- F.Supp.2d ----, 2008 WL 2421108(M.D.La. Jun 13, 2008).