J.D. v. PAWLET SCHOOL DISTRICT

No. 99-9263.

224 F.3d 60 (2000)

J.D., by his parent, J.D., Plaintiff-Appellant, v. PAWLET SCHOOL DISTRICT, Bennington-Rutland Supervisory Union, Vermont Department of Education, and Mark Hull, in his official and individual capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 15, 2000


Attorney(s) appearing for the Case

Karl C. Anderson, Anderson & Eaton, P.C., Rutland, VT, for Appellant.

Patti R. Page, Stitzel, Page & Fletcher, P.C., Burlington, VT, for Appellees Pawlet School District and Bennington-Rutland Supervisory Union.

Geoffrey A. Yudien, Special Assistant Attorney General, Vermont Department of Education, Montpelier, VT, for Appellees Vermont Department of Education and Commissioner Marc Hull.

Before: LEVAL, PARKER, and KATZMANN, Circuit Judges.


KATZMANN, Circuit Judge:

J.D., by his parent J.D., appeals from a final judgment of the United States District Court for the District of Vermont (Jerome J. Niedermeier, Magistrate Judge), granting the defendants-appellees' motion for summary judgment dismissing the complaint in its entirety. The district court held that: (1) J.D. failed to meet the "adverse effect" eligibility criterion of the Vermont Department of Education Special Education Regulations (...

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