SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Funk
Metropolitan School District v. Davila
Citation:
969 F.2d 485 (1992)Facts
The Office of Special Education and Rehabilitative Services (OSERS) of the Department of Education administers the Individuals with Disabilities Education Act (IDEA). In response to an inquiry from the Director of Special Education for the Ohio Department of Education, Assistant Secretary Robert Davila issued a letter stating that OSERS interpreted IDEA to require states to continue providing educational services to disabled children who are expelled or suspended for extended periods for reasons unrelated to their disabilities. This position was not published in the Federal Register or Code of Federal Regulations, and public comments were not solicited before issuance. The Metropolitan School District of Wayne Township sued, claiming the interpretation placed a large financial burden on school districts and that they were entitled to notice and opportunity to comment under the APA. The district court agreed with the School District that OSERS’ position constituted a legislative rule subject to notice and comment requirements.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.