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A.W. v. JERSEY CITY PUBLIC SCHOOLS

No. 05-2553.

486 F.3d 791 (2007)

A.W. v. The JERSEY CITY PUBLIC SCHOOLS; New Jersey Department of Education; Jeffrey V. Osowski, former Director, Division of Special Education; Barbara Gantwerk, Director, Office of Special Education Programs; Silvia Elias, former. Executive Director of Pupil Personnel Services; Priscilla Petrosky, Associate Superintendent for Special Education; John Iwanowski; Mary Hepburn; Joan Edmiston; Denise Braak; Mary Maceachern; Edward Fauerbach, Learning Disabilities Teacher-Consultants; Norma Chrisomalis; Gwendolyn Jackson; Linda Colon; Ronne Bassman; William Ronzitti; Roxanne Johnson, Supervisors of Special Education; Sharnette Green, Teacher; Melinda Zangrillo, Coordinator of Compliance; Jane Doe and John Doe (1)-(5), all in their official and individual capacities. New Jersey Department of Education; Jeffrey V. Osowski; Melinda Zangrillo; Barbara Gantwerk, Appellants.

United States Court of Appeals, Third Circuit.

Reargued February 21, 2007.

Filed: May 24, 2007.

Attorney(s) appearing for the Case

Michael C. Walters [argued], Office of Attorney General of New Jersey, Division of Law, Trenton, NJ, for Appellants.

Stephen M. Latimer, Loughlin & Latimer, Hackensack, NJ, Elizabeth A. Athos [argued], Education Law Center, Newark, NJ, Rebecca K. Spar [argued-en banc], Cole, Schotz, Meisel, Forman & Leonard, Hackensack, NJ, for Appellee.

Before: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, JORDAN and VAN ANTWERPEN, Circuit Judges.

Reargued En Banc February 21, 2007.

Argued July 10, 2006

Before: SLOVITER, McKEE and RENDELL, Circuit Judges.

Reargued En Banc Feb. 21, 2007

Before: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, JORDAN and VAN ANTWERPEN*, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

In this appeal, we reexamine our holding in W.B. v. Matula...

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