PETIT v. U.S. DEPT. OF EDUC.

No. 11-5033.

675 F.3d 769 (2012)

Beth PETIT, et al., Appellants, v. UNITED STATES DEPARTMENT OF EDUCATION and Arne Duncan, in His Official Capacity as Secretary of the United States Department of Education, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 2012.


Attorney(s) appearing for the Case

Mark W. Mosier argued the cause for appellants. With him on the briefs were S. William Livingston , Nishchay H. Maskay , and Emily Johnson Henn.

Seth M. Galanter was on the brief for amicus curiae Council of Parent Attorneys and Advocates in support of appellants. Brian R. Matsui entered an appearance.

Sarang Vijay Damle , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ian Heath Gershengorn, Deputy Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, and Michael S. Raab , Attorney.

Opinion concurring in the judgment filed by Circuit Judge HENDERSON.


EDWARDS, Senior Circuit Judge:

The Individuals with Disabilities Education Act ("the IDEA" or "the Act") provides federal grants to states to support educational programs for children with disabilities. In order to qualify for funding, participating states—and, by extension, local educational agencies ("school districts"), see 20 U.S.C. § 1413(a)(1) (2006)—must make a "free appropriate public education" available to every child with a disability...

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