Anne Prafada v. Mesa Unified School District

NUMBER 1 Congress enacted The Individuals with Disabili­ ties Education Act (IDEA) “(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education ...” “(B) to ensure that the rights of children with disabilities and parents of such children are pro­ tected”. 20 U.S.C. § 1400(d)(1). Congress went further to require the Education Department to develop and publish model IEP, IFSP, Procedural Safeguard Notice, and Prior Written Notice forms. 20 U.S.C. §1417(e). These model forms are required to be used by school districts to meet the requirements of IDEA in order to assess children in all areas of suspected disabilities and further provide an individualized education pro­ gram (IEP). QUESTION PRESENTED: Whether fraudulent misrepresentation and conspiracy to defraud are preempted, when the Educational federal statutes touch a field in which the federal interest is so dominant, that the federal system must be assumed to preclude enforcement of state laws and the District Court should have granted the peti­ tion and pleading pursuant to 28 U.S. Code §1367 Supplemental jurisdiction under Arti­ cle III of the United States Constitution for claims and evidences that are inextricably in­ tertwined/intricately related.