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VIRGINIA INS. OF AUTISM v. VIRGINIA DEPT. OF EDUC.

Civil Action No. 3:08CV53-HEH.

537 F.Supp.2d 817 (2008)

The VIRGINIA INSTITUTE OF AUTISM, Plaintiff, v. VIRGINIA DEPARTMENT OF EDUCATION and Peter B. Vaden, in his official capacity, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

March 7, 2008.

Attorney(s) appearing for the Case

Thomas Bryan Weatherly Hall, Katharine Radnor Saunders, Maximilian A. Grant, Latham & Watkins LLP, Washington, DC, for Plaintiff.

Samantha Dionne Vanterpool, Office of the Attorney General, Richmond, VA, for Defendants.

MEMORANDUM OPINION (Defendants' Motions to Dismiss)

HENRY E. HUDSON, District Judge.

This case seeks both declaratory and injunctive relief under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. This action stems from the refusal of a state hearing officer to dismiss Plaintiff, a private educational institution, as a party to a due process hearing initiated pursuant to the provisions of IDEA...

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