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JOHN T. EX REL. PAUL T. v. DELAWARE COUNTY

No. 01-3575, 01-4206.

318 F.3d 545 (2003)

JOHN T., A Minor by His Parents and Next Friends, PAUL T. and Joan T.; Paul T.; Joan T., Individually, and on Their Own Behalf, all of v. THE DELAWARE COUNTY INTERMEDIATE UNIT, Defendant/Third-Party Plaintiff v. Commonwealth of Pennsylvania, Department of Education; Third-Party Defendant Delaware County Intermediate Unit, Appellant John T., A Minor by His Parents and Next Friends, Paul T. and Joan T.; Paul T.; Joan T., Individually, and on Their Own Behalf, all of v. The Delaware County Intermediate Unit, Defendant/Third-Party Plaintiff v. Commonwealth of Pennsylvania, Department of Education; Third-Party Defendant John T., Paul T. and Joan T. Appellants.

United States Court of Appeals, Third Circuit.

Filed January 30, 2003.

Attorney(s) appearing for the Case

Dennis C. McAndrews (Argued), Monahan & McAndrews, Wayne, PA, Howard G. Hopkirk, Office of Attorney General of Pennsylvania, Harrisburg, PA, for Appellants/Cross Appellees.

Michael I. Levin (Argued), Allison C. Snyder, Levin Legal Group, P.C., Huntingdon Valley, PA, for Appellees/Cross Appellants.

Caryl Andrea Oberman, Robert T. Lear (Argued), Willow Grove, PA, for Amici Curiae.

Before ROTH, RENDELL and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

We review two Orders entered by the District Court for the Eastern District of Pennsylvania in connection with a claim brought under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. (2002) (IDEA). For the reasons set forth below, we will affirm both Orders.

First, the Delaware County Intermediate Unit (DCIU), the defendant before the District Court, asks us to reverse...

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