Appellate Law

CA1: Laches in an IDEA case

By S. COTUS

School Union No. 37 v. Ms. C., No. 06-2261.  In yet another IDEA case, the school District wins. This time the school district claims that the administrative decision requiring the school to pay for the private schooling of someone that needed education was wrong.  The First explains that ?Reimbursement is an equitable remedy.?  Therefore, it is subject to laches, and the District Court found that the parents waited too long to seek reimbursement, and there are some facts in the record that support this, and that it suffered prejudice.

Does this mean that criminal restitution is now subject to equitable defenses, too?

Full post as published by Appellate Law and Practice on February 26, 2008 (boomark / email).