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Connor Durbrow, Et Alv.Cobb County School District

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.17-11400
DecidedApril 17, 2018
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilEducation LawCivil RightsStatutory InterpretationDue ProcessSummary JudgmentAppellate Procedure
Case Summary

The parents of Connor Durbrow challenged the Cobb County School District’s handling of his educational needs, alleging violations of the Individuals with Disabilities Education Act, Section 504, and the Americans with Disabilities Act. They argued that the district failed to identify Connor as a student needing special education, denied him a free appropriate public education, and withheld information that should have tolled the limitations period. The Eleventh Circuit affirmed. It held that the parents had not shown that Connor required special education during the relevant period, where he generally performed well, teachers did not recommend special education, and the district provided accommodations through a Section 504 plan. The court also held that the parents’ unsupported and inconsistent testimony did not establish earlier requests for an IDEA evaluation or justify tolling, and that the district satisfied any child-find duty by beginning the eligibility process after Connor’s academic decline. The court left the district court’s disposition intact.

Opinion

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Connor Durbrow, Et Al V. Cobb County School District — The Atlanta Gleaner