J.M. v. SUMMIT CITY BD. OF EDUC.

No. 20-3391.

39 F.4th 126 (2022)

J.M., individually and o/b/o C.M.; E.M., individually and o/b/o C.M., Appellants v. SUMMIT CITY BOARD OF EDUCATION.

United States Court of Appeals, Third Circuit.

Filed: July 1, 2022.


Attorney(s) appearing for the Case

Thomas J. O'Leary [ARGUED], Walsh Pizzi O'Reilly & Falanga, Three Gateway Center, 100 Mulberry Street, 15th Floor, Newark, NJ 07102, Counsel for Appellants.

Jennifer N. Rosen Valverde [ARGUED], Rutgers University School of Law, Special Education Clinic, 123 Washington Street, Newark, NJ 07102, Counsel for Amici/Appellants.

John B. Comegno II [ARGUED], Anne R. Myers , Comegno Law Group, 521 Pleasant Valley Avenue, Moorestown, NJ 08057, Counsel for Appellee.

Before: GREENAWAY, JR., PHIPPS, and COWEN, Circuit Judges.


This is a dispute about the timing of a school district's provision of special education and related services to a child with autism. Although the school district provided those services to the child after he was diagnosed with autism in April 2017, it had denied the child those services fourteen months earlier. At that time...

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