M.G. v. North Hunterdon-Voorhees Regional High School District Board of Education, 062019 FED3, 18-3440

Docket Nº:18-3440
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
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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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NOT PRECEDENTIAL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

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

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 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 petition, M.G. continued to attend DLC during the 2017-18 school year.

The Department transferred both the 2016 IEP Petition and 2017 IEP Petition to the Office of Administrative Law. An Administrative Law Judge ("ALJ")...

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