MS. S. v. REGIONAL SCHOOL UNIT 72

No. 17-2214, No. 18-1004.

916 F.3d 41 (2019)

MS. S., Individually and as Parent and Legal Guardian of B.S., a Minor, Plaintiff, Appellee, v. REGIONAL SCHOOL UNIT 72, Defendant, Appellant, Maine Department of Education, Defendant. Ms. S., Individually and as Parent and Legal Guardian of B.S., a Minor, Plaintiff, Appellee, v. Maine Department of Education, Defendant, Appellant, Regional School Unit 72, Defendant.

United States Court of Appeals, First Circuit.

February 15, 2019.


Attorney(s) appearing for the Case

Eric R. Herlan , with whom Drummond Woodsum & MacMahon were on brief, for appellant, Regional School Unit 72.

Sarah A. Forster , Assistant Attorney General, with whom Thomas A. Knowlton , Assistant Attorney General, Of Counsel, and Phyllis Gardiner , Assistant Attorney General, were on brief, for appellant, Maine Department of Education.

Richard L. O'Meara , with whom Murray, Plumb & Murray was on brief, for appellee.

Before Lynch, Selya, and Lipez, Circuit Judges.


These appeals stem from a complaint filed by Ms. S. with the Maine Department of Education ("MDOE") in May 2013 alleging violations of the Individuals with Disabilities Education Act ("IDEA"). The state due process hearing officer dismissed as untimely Ms. S.'s claims about her son B.S.'s education in school years 2009-2010...

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