United States Third Circuit

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D.F. v. Collingswood Borough Bd. of Educ., 11-2410

In a parent's due process petition alleging violation of her son's rights under the Individuals with Disabilities in Education Act (IDEA), the district court's decision affirming the ALJ's dismissal of the pending due process petition as moot is affirmed in part, reversed in part, and remanded where: 1) a claim for compensatory education is not rendered moot by an out-of-district move, even if that move takes the child out of state; 2) because the claims are not moot, the matter of whether plaintiff's son was denied free and appropriate public education is remanded; and 3) the district court correctly found that plaintiff's son was not a prevailing party entitled to attorneys' fees.

Appellate Information

  • Decided 09/12/2012
  • Published 09/12/2012

Judges

  • Greenaway

Court

  • United States Third Circuit

Counsel