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LOWER MERION SCHOOL DIST. v. DOE

931 A.2d 640 (2007)

LOWER MERION SCHOOL DISTRICT, Appellant, v. Student DOE and Parents Doe, Appellees.

Supreme Court of Pennsylvania.

Decided September 26, 2007.

Attorney(s) appearing for the Case

Kenneth Roos, Esq., Justin Michael O'Donoghue, Esq., Amy Hathaway Taylor Brooks, Esq., Wisler, Pearlstine, Talone, Craig, Garrity & Potash, L.L.P., Blue Bell, for Lower Merion School District.

Sean Ashley Fields, Esq., Emily J. Leader, Esq., Pennsylvania School Boards Association, Inc., Harrisburg, for Pennsylvania School Boards Association.

Ernest N. Helling, Esq., PA Department of Education, Harrisburg, for Department of Education.

David G.C. Arnold, Esq., for Student and Parents Doe.

Philip Joseph Murren, Esq., Ball, Murren & Connell, Harrisburg, for Pennsylvania Catholic Conference.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, and BALDWIN, JJ.

OPINION

Justice EAKIN.

Student Doe, a Lower Merion School District resident, suffers from mild spastic diplegia and a weakness in visual motor skills. Doe was set to enter kindergarten for the 2004-05 school year when, upon his parents' request, the District evaluated him to determine whether he was entitled to services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1487, or § 504 of the Rehabilitation...

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