United States Third Circuit
Andrew M. v. Delaware County Office of Mental Health & Mental Retardation, 06-1960
A decision finding that defendant-county agency had violated the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act (RA) by denying plaintiffs' twin sons services in their natural environment, and granting them compensatory education and attorney's fees, is affirmed in part as to the ruling on the IDEA claim over claims that the district court: 1) inappropriately put the burden of proof on defendant-county to prove that services continued while the twins were at a particular location; and 2) improperly found that services were not provided in the twins' natural environment. However, judgment is reversed in part as to the RA claim and the attorney's fees award where plaintiff failed to prove a violation of the RA, and attorney's fees are not available under Part C of the IDEA.
Appellate Information
- Argued 03/26/2007
- Decided 06/15/2007
- Published 06/15/2007
Judges
- Before FISHER, JORDAN and ROTH, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Susan McDonough (Argued), Holsten & Associates, Media, PA, for Appellants.
- For Appellees:
- Barbara E. Ransom (Argued), Public Interest Law Center of Philadelphia, Philadelphia, PA, for Appellees.