United States Third Circuit

District court's grant of summary judgment in favor of a school district and denial of plaintiff-parents' claim for reimbursement of private school tuition and other related costs for their disabled son under the Individuals with Disabilities Education Act (IDEA) is affirmed where: 1) the school district's failure to have an Individualized Educational Program (IEP) in place on the first day of classes did not deprive the child of a "free appropriate public education" (FAPE) and reimbursement on this basis was properly denied; 2) district court properly rejected the argument that any notice deficiencies rise to the level of substantive harm; 3) district court's denial of parents' request for tuition reimbursement on equitable grounds is also affirmed as unreasonable parent conduct warrants equitable reduction of an award under the IDEA; and 4) parents' claim that the district court erred in failing to separately address their claim that the conduct of the Hearing Panel violated their rights to procedural due process is rejected.

Appellate Information

• Decided 05/25/2010
• Published 05/25/2010

Judges

• Before FISHER, HARDIMAN and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• C.H. Hayes, Barbara Hayes, Lincoln, DE, Pro Se Appellants.


• For Appellees:
  
• Michael P. Stafford, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Appellees, Cape Henlopen School District and George E. Stone., Catherine T. Hickey, John B. Hindman, Delaware Department of Justice, Dover, DE, for Appellees, Delaware Department of Education and Valerie A. Woodruff.