(Download) "Collinsgru v. Palmyra Bd. of Educ." by Third Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Collinsgru v. Palmyra Bd. of Educ.
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 23, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Robert and Maura Collinsgru ("the Collinsgrus"), acting on behalf of their son, Francis Collinsgru ("Francis"), appeal from the district courts dismissal of their sons complaint against the Palmyra Board of Education ("Palmyra"). The Collinsgrus sought to represent Francis in a civil suit following a state administrative decision to deny their son special education services under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (1994 & Supp. 1997) (the "IDEA"). The district court found that it was bound by our decision in Osei-Afriyie v. Medical College of Pa., 937 F.2d 876, 882 (3d Cir. 1991), in which we held that a non-attorney parent could not represent his children in a tort action in federal court. After holding that the Collinsgrus could not represent Francis themselves, the court gave the parents thirty days in which to hire an attorney for him. When they failed to do so, the district court dismissed Franciss claims without prejudice for failure to prosecute. On appeal, the Collinsgrus contend that Osei-Afriyie does not control because: (1) the IDEA creates the same rights in parents that it creates in children; (2) the claims in their sons complaint are functionally their own; and (3) they should therefore be allowed to proceed pro se on those claims.
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