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C.H. v. CAPE HENLOPEN SCHOOL DIST.

No. 08-3630.

606 F.3d 59 (2010)

C.H., by and through his parents and next friends, Timothy and Barbara Hayes v. CAPE HENLOPEN SCHOOL DISTRICT; George E. Stone, Superintendent of Schools Cape Henlopen School District; Delaware Department of Education; Valerie A. Woodruff, Secretary, Delaware Department of Education C.H. Hayes; Barbara Hayes, Appellants.

United States Court of Appeals, Third Circuit.

Filed: May 25, 2010.

Attorney(s) appearing for the Case

C.H. Hayes, Barbara Hayes, Lincoln, DE, Pro Se Appellants.

Michael P. Stafford, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Appellees, Cape Henlopen School District and George E. Stone.

Catherine T. Hickey, John B. Hindman, Delaware Department of Justice, Dover, DE, for Appellees, Delaware Department of Education and Valerie A. Woodruff.

Before FISHER, HARDIMAN and COWEN, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal arises from an order of the District Court, entered July 22, 2008, granting summary judgment in favor of the Cape Henlopen School District (the "District") and denying appellants' claim for reimbursement of private school tuition and other related costs for their disabled child under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq. Appellants claim that the...

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