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United States Eleventh Circuit


D.P. v. School Bd. of Broward County, 05-15188, 05-15193

In case involving autistic triplets who live with their parents, dismissals of complaints for failure to state a claim upon which relief can be granted are affirmed as the Individuals with Disabilities Education Act (IDEA) does not require a school board to continue providing services to children who have reached three years of age pursuant to Individualized Family Service Plans previously developed for those children under Part C of the IDEA until such time as Individualized Educational Plans are developed for the children under Part B of the IDEA.

Appellate Information

  • Decided 04/03/2007
  • Published 04/03/2007

Judges

  • COX, Circuit Judge:, Before EDMONDSON, Chief Judge, and BARKETT and COX, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Paul Jon Layne, David J. Pyper, Pyper & Layne, LLC, Weston, FL, for Plaintiffs-Appellants.

  • For Appellees:
  • Michael T. Burke, Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, Edward J. Marko, Marilyn C. Batista-McNamara, Sch. Bd. Attys. Office, Ft. Lauderdale, FL, for Defendant-Appellee.
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