United States Third Circuit

In an action for tuition reimbursement under the Individuals with Disabilities in Education Act, district court judgment is affirmed in part and reversed in part where: 1) plaintiffs are not entitled to tuition reimbursement for plaintiff's placement at a long term psychiatric residential treatment center as the center cannot be considered an appropriate placement for tuition reimbursement purposes; and 2) plaintiff is not entitled to compensatory education for the period during which she was in the center's acute care ward as the failure to reevaluate her educational needs and develop a new IEP was attributable to the acute nature of plaintiff's medical condition.

Appellate Information

• Argued 04/14/2009
• Decided 07/31/2009
• Published 07/31/2009

Judges

• Before:  McKEE, SMITH, Circuit Judges and STEARNS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph Anclien, Jennifer Pao, Carl A. Solano, (Argued), Schnader Harrison Segal & Lewis, Philadelphia, PA, Elizabeth S. Mattioni, City of Philadelphia Law Department, Philadelphia, PA, Miles H. Shore, School District of Philadelphia, Office of General Counsel, Philadelphia, PA, Counsel for Appellant.


• For Appellees:
  
• Dennis C. McAndrews, David T. Painter, Gabrielle C. Sereni, (Argued), McAndrews Law Offices, Berwyn, PA, Counsel for Appellee.