United States Third Circuit

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D.S. v. Bayonne Bd. of Educ., 08-4730

District court's judgment terminating the obligation of defendant to pay the tuition of plaintiffs' son at a private school for learning disabled children and denying plaintiffs' motion for attorneys' fees, costs and interest, is reversed and the order of the ALJ reinstated as to the ALJ's conclusion that defendant had failed to provide plaintiff's son with a free and appropriate public education during the 2006-2007 school year in violation of the Individuals with Disabilities Education Act (IDEA), and that a private school would be an appropriate placement so that the son be placed in that school at defendant's expense.

Appellate Information

  • Submitted 03/09/2010
  • Decided 04/22/2010
  • Published 04/22/2010


  • Before McKEE, BARRY, and GREENBERG, Circuit Judges.


  • United States Third Circuit


  • For Appellant:
  • Lori M. Gaines, Staci J. Greenwald, Sussan & Greenwald, Cranbury, NJ, Attorneys for Appellants.

  • For Appellees:
  • James L. Plosia, Jr., Apruzzese, McDermott, Mastro & Murphy, P.C., Liberty Corner, NJ, Attorneys for Appellee.
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