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← 657 F.2d 800 - Helms v. McDaniel

Helms v. McDaniel’s Empirical Analysis

657 F.2d 800 · 1981

Citation profile

58
cited by 58 later decisions
5
states following
December 2010
most recently cited

26 federal appellate · 4 district · 5 state decisions

How this case has been cited

Cited by 58 later decisions — most recently December 2010 · most notably Town of Burlington v. Department of Education (1984), Reid ex rel. Reid v. District of Columbia (2005)

26 federal appellate · 4 district · 5 state decisions

4701981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 20 U.S.C. § 1401 · 20 U.S.C. § 1415 · 29 U.S.C. § 794

Relies on Ex Parte: Edward T Young · University of Texas v. Camenisch · Philbrook v. Glodgett · Hortonville Joint School District No v. Hortonville Education Association · Camenisch v. University of Texas

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(b) (2) Whenever a complaint has been received [by an educational agency] ..., the parents or guardian shall have an opportunity for an impartial due process hearing which shall be conducted by the State educational agency or by the local educational agency or intermediate educational unit, as determined by State law or by the State educational agency. No hearing conducted pursuant to the requirements of this paragraph shall be conducted by an employee of such agency or unit involved in the education or care of the child. (c) If the hearing required in paragraph (2) of subsection (b) of this section is conducted by a local educational agency or an intermediate educational unit, any party aggrieved by the findings and decision rendered in such a hearing may appeal to the State educational agency which shall conduct an impartial review of such hearing. The officer conducting such review shall make an independent decision upon completion of such review.... (e)(2) Any party aggrieved by the findings and decision made under subsection (b) who does not have the right to an appeal under subsection (c), and any party aggrieved by the findings and decision under subsection (c), shall have the right to bring a civil action with respect to the complaint presented pursuant to this section, which action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. .. .”
    4 later decisions quote this exact passage · from the majority
  2. “the entire system of procedural safeguards is nullified at a single stroke.”
    2 later decisions quote this exact passage · from the majority
  3. “If the hearing required in paragraph (2) of subsection (b) of this section is conducted by a local educational agency or an intermediate educational unit, any party aggrieved by the findings and decision rendered in such a hearing may appeal to the State educational agency which shall conduct an impartial review of such hearing. The officer conducting such review shall make an independent decision upon completion of such review.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.