United States Third Circuit

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D.E. v. Central Dauphin School District, 13-1294

In this action brought by D.E., a minor diagnosed with a learning disability, alleging violations of the Individuals with Disabilities Education Act (IDEA), of the Americans with Disabilities Act (ADA), and the Rehabilitation Act (RA) by defendant school district, dismissal of the IDEA claim and summary judgment in defendant's favor as to the ADA and RA claims is: 1) affirmed with respect to summary judgment on the ADA and RA claims, as defendant provided plaintiff with special education and other related services, and a misidentification of plaintiff as mentally retarded is not enough to conclude deliberate indifference; 2) reversed with respect to dismissal of plaintiff's IDEA claim, as plaintiff sought to enforce, not rewrite a state administrative decision; and 3) individuals seeking to enforce a favorable administrative decision are "aggrieved" for purposes of IDEA and may properly pursue such claims in court.

Appellate Information

  • Decided 08/27/2014
  • Published 08/27/2014

Judges

  • Fisher

Court

  • United States Third Circuit

Counsel

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