In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: rejected'this argument, holding that the allegations, even if true, did not amount to an -IDEA procedural violation. See 20 U.S.C. 1415 et seq. (setting forth the procedural safeguards afforded to parents when their child is in special education). 13 . It is worth noting that at least one state Massachusetts, as the IDEA permits, has enacted a more stringent standard. Specifically, children in Massachusetts who are eligible for special education services are entitled to IEPs that provide for their "maximum possible development.'' See Mass. Gen. Laws Ann. ch. 71B 2 (emphasis added); Frank S. v. School Committee of the Dennis-Yarmouth Regional School District, 26 F.Supp.2d 219, 226 (D.Mass.1998). 14 . See Springer v. Fairfax County School Board, 134 F.3d 659, 663 (4th Cir.1998) (<HOLDING>) (citing Hartmann v. Loudoun County, 118 F.3d
Holding statements: (A) holding that absent some statutory infraction the task of education belongs to the educators who have been charged by society with that critical task (B) holding that the critical vendor order was not a defense because it permitted rather than mandated payment of prepetition claims of critical vendors (C) holding that since the performer of a task which could be performed by a layperson represented that he was in fact a professional engineer krs 413245 applied (D) holding that certain veniremen had been improperly excluded because they acknowledged that their views of the death penalty might affect their deliberations but only to the extent that they would view their task with greater gravity (E) holding that it was pure speculation that if the preference payment had not been made the vendor would have been included as a critical vendor and the court would have approved it

Answer: holding that the critical vendor order was not a defense because it permitted rather than mandated payment of prepetition claims of critical vendors

Question: 7, and 10), plaintiffs response thereto, and the reply brief of defendants Crozer-Chester Medical Center, Nora Marden, and Joan K. Richards, and for the reasons stated in the accompa nying Memorandum, it is hereby ORDERED that: 1. Defendants' motions to dismiss are GRANTED; 2. Count I is DISMISSED for failure to state a claim upon which relief may be granted; 3. The Court having declined to exercise its jurisdiction as to the remaining Counts of the complaint, they are DISMISSED WITHOUT PREJUDICE to their reassertion in state court; 4. The petition of defendant James E. Clark to join in the motion of defendants Crozer-Chester Medical Center and Joan K. Richards to dismiss the complaint (docket entry #9) is GRANTED AS UNOPPOSED; 5. The petition of defendant Nora 73 L.Ed.2d 534 (1982) (<HOLDING>). 5 . Even absent Dr. Klavan's concession on
Holding statements: (A) holding that amtrak was a state actor (B) holding that a privately owned nursing home that received ninety percent of its funding from the state and was subject to significant state regulation was nevertheless not a state actor (C) holding that a state agency created under state law was a state actor (D) holding that such a physician was a state actor under 1983 (E) holding that a school was not a state actor even though it had to comply with many state regulations to be eligible for state funding and almost all of its students had been referred to it by the state

Answer: holding that amtrak was a state actor

Question: and whether the Tribe's immunity, if intact, protects the Health Board and the Health Board's Chairperson. If the tribal immunity defense is not dispositive as to all Defendants, the district court also should address on its merits Defendants' separate defense that the FMLA is not applicable to the dispute at hand. REVERSED and REMANDED. 1 . The district court decided Defendants' motion to dismiss with respect to the waiver-by-removal issue based solely on the pleadings, and we therefore "take as true the allegations of the com ancheria Band of Pomo Indians of Cal., No. C-01-4125 VRW, 2002 WL 34727095, at *6-7 (N.D. Cal. Dec. 26, 2002) (same), with State Eng'r of the State of Nev. v. S. Fork Band of Te-Moak Tribe of W. Shoshone Indians of Nev., 66 F.Supp.2d 1163, 1173 (D. Nev. 1999) (<HOLDING>), vacated on reconsideration on other grounds,
Holding statements: (A) holding that tribes voluntary participation in administrative proceedings is not the express and unequivocal waiver of tribal immunity that we require in this circuit (B) holding that the tribal defendants removal of the case amounted to a clear and unequivocal waiver of immunity in federal court (C) holding that removal to federal court does not waive tribal sovereign immunity (D) holding that wjaiver of the right to remove must be clear and unequivocal and that standard was not met by an agreement in which defendants consented to filing of suit in state court but which did not address removal (E) holding that the waiver of sovereign immunity must be clear and unequivocal

Answer:
holding that tribes voluntary participation in administrative proceedings is not the express and unequivocal waiver of tribal immunity that we require in this circuit