K.D. BY AND THROUGH DUNN v. DOWNINGTOWN AREA SCH.

No. 17-3065.

904 F.3d 248 (2018)

K.D., BY AND THROUGH her parents, Theresa and Jonathan DUNN; Theresa Dunn and Jonathan Dunn, individually, Appellants v. DOWNINGTOWN AREA SCHOOL DISTRICT

United States Court of Appeals, Third Circuit.

Filed: September 18, 2018.


Attorney(s) appearing for the Case

Catherine M. Reisman, Esq. [ARGUED], Judith A. Gran , Sarah E. Zuba , Reisman Carolla & Gran, 19 Chestnut Street, Haddonfield, NJ 08033, Counsel for Appellants.

Kevin A. Golembiewski, Esq. , David Berney , Berney & Sang, 1628 John F. Kennedy Boulevard, 8 Penn Center, Suite 1000, Philadelphia, PA 19103, Ellen M. Saideman, Esq. , Selene Almazan-Altobelli , 7 Henry Drive, Barrington, RI 02806, Counsel for Amici Curiae Council of Parent Attorneys and Advocates, Education Law Center, New Jersey Special Education Practitioners, and National Center for Learning Disabilities in Support of Appellants.

Robert M. Abrahams, Esq. , Schulte Roth & Zabel, 919 Third Avenue, New York, NY 10022, Eric A. Bensky, Esq. , Schulte Roth & Zabel, 1152 15th Street, NW, Suite 850, Washington, DC 20005, Counsel for Amici Curiae Former Officials of the Department of Education, National Center for Youth Law, Judge David L. Bazelon Center for Mental Health Law, and Disability Rights Network of Pennsylvania in Support of Appellants.

Karl A. Romberger, Jr., Esq. [ARGUED], Sweet Stevens Katz & Williams, 331 East Butler Avenue, P.O. Box 5069, New Britain, PA 18901, Counsel for Appellee.

Mark G. Morford, Esq. , Kevin M. McKenna, Esq. , Nicole D. Snyder, Esq. , Sarah B. Dragotta, Esq. , Latsha Davis & McKenna, 350 Eagleview Boulevard, Suite 100, Exton, PA 19341, Counsel for Amici Curiae 21st Century Cyber Charter School, Agora Cyber Charter School, Arts Academy Charter School, Chester Community Charter School, Collegium Charter School, New Foundations Charter School, PA Distance Learning Charter School, Pennsylvania Leadership Charter School, and Pennsylvania Virtual Charter School in Support of Appellee.

Craig D. Ginsburg, Esq. , Anne E. Hendricks, Esq. , Levin Legal Group, 1800 Byberry Road, 1301 Masons Mill Business Park, Huntingdon Valley, PA 19006, Counsel for Amici Curiae Pennsylvania School Boards Association in Support of Appellee.

Before: GREENAWAY, JR., RESTREPO, and BIBAS, Circuit Judges.


OPINION OF THE COURT

When schools use their expertise to address each child's distinct educational needs, we must give their judgments appropriate deference. Endrew F. ex rel. Joseph F. v. Douglas Cty. Sch. Dist. RE-1, ___ U.S. ___, 137 S.Ct. 988, 1001-02, 197 L.Ed.2d 335 ...

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