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E.D. EX REL. DOE v. NEWBURYPORT PUBLIC SCHOOLS

Nos. 10-1241, 10-1251.

654 F.3d 140 (2011)

E.D., a minor, by and through his next Friend and Parents Suzanne DOE and Robert Doe; Suzanne Doe; Robert Doe, Plaintiffs, Appellants, v. NEWBURYPORT PUBLIC SCHOOLS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 19, 2011.

Attorney(s) appearing for the Case

Michael J. Tuteur , with whom Laura E. Gibbs , Michael Thompson , and Foley & Lardner LLP were on brief, for appellants.

Doris R. MacKenzie Ehrens , with whom Murphy, Hesse, Toomey & Lehane, LLP was on brief, for appellee.

Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and BOUDIN, Circuit Judge.

SOUTER, Associate Justice.

This is an appeal by a boy, E.D., and his parents, Suzanne and Robert Doe, from orders of the district court in favor of the defendant, Newburyport Public Schools: summary judgement in no. 10-1241 and dismissal in no. 10-1251. In each case the plaintiffs made claims under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1482, which requires a responsible education authority to provide an Individualized...

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