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FISHER v. BD. OF EDUC. CHRISTINA SCH. DIST.

No. 485,2003.

856 A.2d 552 (2004)

Robert and Natalie FISHER, as parents of Thomas, a minor, Defendants Below, Appellants, v. The BOARD OF EDUCATION OF The CHRISTINA SCHOOL DISTRICT, and the Delaware Department of Education, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: August 16, 2004.

Attorney(s) appearing for the Case

Neil R. Lapinski, of Swartz Campbell, L.L.C., Wilmington, DE, for Appellants.

David H. Williams (argued) and Jennifer L. Brierley, of Morris, James, Hitchens & Williams, L.L.P., Wilmington, DE, for Board of Education of the Christina School District, Appellee.

Louann Vari, Department of Justice, Dover, DE, for the Delaware Department of Education, Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, and JACOBS, Justices, and HARTNETT, Justice (Retired), constituting the Court en Banc.

BERGER, Justice:

In this case, we consider the applicable standard of review in appeals from educational placement decisions under the Individuals with Disabilities Education Act ("IDEA")3, and its Delaware counterpart4. The Family Court overruled a special education hearing panel's decision that authorized Thomas Fisher to be placed in a private school at public expense. In doing so, the Family Court gave...

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