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Juvenile Law Clinic Argues Case in the U.S. Court of Appeals

Tuesday, January 15, 2008  
Posted by: Ariel Shea
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Emmanuel Agbara

Professor Joseph Tulman and Emmanuel Nwazuo Agbara, a former law student in the Juvenile and Special Education Law Clinic, argued an important case before the United States Court of Appeals, District of Columbia Circuit.  The case sought to enforce an agreement by the District of Columbia Public Schools (DCPS) to provide compensatory education under the Individuals with Disabilities Act to a D.C. student with learning disabilities who was subsequently incarcerated in a Maryland prison.  DCPS argued that it was relieved of responsibility due to impossibility because the Maryland prison refused access to the third party provider designated to provide the services.  In addition, DCPS argued that it was no longer responsible to provide the services because the student was not a D.C. resident while incarcerated in Maryland.  A District Court judge rejected both arguments, ruling that DCPS was bound by its agreement to provide compensatory education to the former student for a period of approximately four years and nine months following his incarceration (until the time he reaches his twenty-second birthday).  The District Court ruling would have entitled the student to receive compensatory education services that will provide opportunities for successful re-integration into the community through specialized instruction, counseling (and other related services), and transition services.

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