D.K. v. ABINGTON SCHOOL DIST.

No. 10-2189.

696 F.3d 233 (2012)

D.K., a minor, by and through his parents, Stephen K. and Lisa K.; Stephen K.; Lisa K., adults, individually and on their own behalf, Appellants v. ABINGTON SCHOOL DISTRICT.

United States Court of Appeals, Third Circuit.

Filed: October 11, 2012.


Attorney(s) appearing for the Case

Michael E. Gehring , Dennis C. McAndrews , McAndrews Law Offices, Berwyn, PA, Attorneys for Appellants.

Claudia L. Huot , Michael D. Kristofco , Wisler Pearlstine , Blue Bell, PA, Attorneys for Appellee.

Before: FUENTES, HARDIMAN and ROTH, Circuit Judges.


OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This case requires us to decide whether a public school district's failure to designate a struggling student as disabled violated the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1419, or § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. In making this determination, we delineate for the first time the scope of the statutory exceptions to the IDEA's statute...

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