CHARLOTTE-MECKLENBURG COUNTY BD. OF EDUC. v. BRADY

No. 22-1478, No. 22-1532.

66 F.4th 205 (2023)

CHARLOTTE-MECKLENBURG COUNTY BOARD OF EDUCATION, Plaintiff-Appellant, v. Aleah BRADY, Individually, and by and through parent or guardian, Jason Brady; Jason Brady, Individually, Defendants-Appellees. North Carolina School Boards Association, Amicus Supporting Appellant, Council of Parent Attorneys and Advocates, Amicus Supporting Appellee. Charlotte-Mecklenburg County Board of Education, Plaintiff-Appellee, v. Aleah Brady, Individually, and by and through parent or guardian, Jason Brady; Jason Brady, Individually, Defendants-Appellants. Council of Parent Attorneys and Advocates, Amicus Supporting Appellant, North Carolina School Boards Association, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2023.


Attorney(s) appearing for the Case

ARGUED: Christopher Zemp Campbell , CAMPBELL SHATLEY, PLLC, Asheville, North Carolina, for Appellant/Cross-Appellee. Stacey Marlise Gahagan , GAHAGAN PARADIS, PLLC, Durham, North Carolina, for Appellees/Cross-Appellants. ON BRIEF: Kristopher L. Caudle , CAMPBELL SHATLEY, PLLC, Asheville, North Carolina, for Appellant/Cross-Appellee. Selene A. Almazan-Altobelli , COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC., Towson, Maryland; Ellen Saideman , LAW OFFICE OF ELLEN SAIDEMAN, Barrington, Rhode Island, for Amicus Council of Parent Attorneys and Advocates, Inc. Justice Warren , Christine T. Scheef , NORTH CAROLINA SCHOOL BOARDS ASSOCIATION, Raleigh, North Carolina, for Amicus North Carolina School Boards Association.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Heytens and Judge Dawson joined.


This case involves an appeal by the Charlotte-Mecklenburg County Board of Education ("CMS") and cross-appeal by Jason Brady ("Brady"), individually and on behalf of his child, A.B. Brady initially filed an administrative action in North Carolina, alleging that CMS violated the Individuals with Disabilities Act ("IDEA"), 20...

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