778 Fed.Appx. 107 (3rd Cir. 2019), 18-3440, M.G. v. North Hunterdon-Voorhees Regional High School Board of Education

Docket Nº:18-3440
Citation:778 Fed.Appx. 107
Opinion Judge:MATEY, Circuit Judge.
Party Name:M.G. and D.G. On Behalf of M.G., Appellants v. NORTH HUNTERDON-VOORHEES REGIONAL HIGH SCHOOL DISTRICT BOARD OF EDUCATION
Attorney:Ira M. Fingles, Esq., Adam P. Wilson, Esq., Hinkle Fingles Prior & Fischer, Lawrenceville, NJ, for Plaintiffs - Appellants Teresa L. Moore, Esq., Riker Danzig Scherer Hyland & Perretti, Morristown, NJ, for Defendant - Appellee
Judge Panel:Before: JORDAN, BIBAS, and MATEY, Circuit Judges.
Case Date:June 20, 2019
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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778 Fed.Appx. 107 (3rd Cir. 2019)

M.G. and D.G. On Behalf of M.G., Appellants

v.

NORTH HUNTERDON-VOORHEES REGIONAL HIGH SCHOOL DISTRICT BOARD OF EDUCATION

No. 18-3440

United States Court of Appeals, Third Circuit

June 20, 2019

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) June 4, 2019

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

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On Appeal from the United States District Court for the District of New Jersey (D.C. No. 3:17-cv-12018), District Judge: Hon. Peter G. Sheridan

Ira M. Fingles, Esq., Adam P. Wilson, Esq., Hinkle Fingles Prior & Fischer, Lawrenceville, NJ, for Plaintiffs - Appellants

Teresa L. Moore, Esq., Riker Danzig Scherer Hyland & Perretti, Morristown, NJ, for Defendant - Appellee

Before: JORDAN, BIBAS, and MATEY, Circuit Judges.

OPINION[*]

MATEY, Circuit Judge.

This matter presents a challenge to the terms of Individualized Educational Plans ("IEP") under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1401. Appellants, the parents of

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M.G., appeal the District Court’s order denying their motion for summary judgment and granting North Hunterdon-Voorhees Regional High School District Board of Education’s ("District") motion for summary judgment. Finding no error in the District Court’s conclusions, we will affirm.

I.

We begin by summarizing the facts. Since 2015, the District has provided M.G. services under an IEP. The District serves students from multiple municipalities in Hunterdon County, New Jersey, including the municipality where M.G. resides. Through M.G.’s first year of high school, a program suited to her needs was unavailable within the district. Instead, M.G. attended the Developmental Learning Center ("DLC") in Warren, New Jersey. In February 2016, the District issued a new IEP ("2016 IEP") requiring M.G. to attend a program in the District beginning with the 2016-17 school year. M.G.’s parents objected to the 2016 IEP and challenged the proposal ("2016 IEP Petition") with the New Jersey Department of Education (the "Department").

Under the IDEA, that challenge stayed the proposed transfer so M.G. remained enrolled at the DLC for the 2016-17 school year. In April 2017, while the 2016 IEP Petition was pending, the District issued a revised IEP ("2017 IEP") and again directed M.G. to attend a program in the District. M.G.s parents filed a second challenge ("2017 IEP Petition") with the Department. As a result of this new...

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