Supreme Court denies cert in 11 special education cases

The Supreme Court denied cert in 11 special education cases during the 2009 term including 3 cases from the 2nd Circuit: E.H. and K.H. v. Shenendehowa, T.Y. and K.Y. v. NYC Board of Ed. and Levine v. Greece (links are to the 2nd Circuit cases).

Cert denied on reimbursement claim

HOUSTON SCH. DIST. v. V.P., 582 F.3d 576 (5th Cir. 2009), cert denied 3/22/10, Docket No. 09-841: The opinion in this case is rather torturous, but the upshot is that the 5th Circuit awarded year 2 of a reimbursement claim on a pendency theory. The 5th Circuit also found that the parent had prevailed on the year 2 claim for purposes of attorney fees. The Supreme Court rejected the District’s petition for review.