[DOWNLOAD] "Michael C. v. Radnor Township School District" by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Michael C. v. Radnor Township School District
• Author : Third Circuit U.S. Court Of Appeals
• Release Date : January 14, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

Argued: November 2, 1999 OPINION OF THE COURT This appeal has its genesis in social legislation enacted by Congress designed to encourage states to provide meaningful education to individuals with disabilities. The specific question before us is whether the Individuals with Disabilities Education Act (""IDEA""), 20 U.S.C.S 1400 et seq., requires a Pennsylvania school district to provide a student with disabilities who relocates from another state with an interim educational program identical to the program the student received in his or her prior state of residence. Michael C., a student with disabilities, attended a private school in Washington, D.C. under an Individualized Education Plan (""IEP"") formulated by Washington educational authorities. Michael and his father moved from Washington to Radnor Township, Pennsylvania in the summer of 1997, and requested special educational treatment from the Radnor Township School District (""Radnor""). Radnor responded with specific educational proposals but Michael's father rejected them, and unilaterally placed Michael in a private school. Michael remained in this school for 41 days, after which his family again moved, this time to New Jersey. Michael's father later initiated administrative proceedings seeking reimbursement for tuition costs incurred while Michael attended the private school in Pennsylvania. After unsuccessfully pursuing his administrative remedies, Michael's father filed this action in the United States District Court for the Eastern District of Pennsylvania against Radnor and the Pennsylvania Department of Education (""PDE""), seeking tuition reimbursement and claiming violations of the IDEA, 20 U.S.C. S 1415(j), the Rehabilitation Act, 29 U.S.C. S 794, and the Civil Rights Act of 1871, 42 U.S.C. S 1983. He also claimed that Michael's and his family's right to travel interstate under the Fourteenth Amendment to the United States Constitution had been violated. On cross-motions for summary judgment, the district court entered summary judgment in favor of Radnor and PDE as to all claims. The court also granted PDE's separate motion for dismissal of theS 1983 claim as to it based on Eleventh Amendment immunity. This timely appeal followed.1 We will affirm.

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