D.S. v. Bayonne Board of Education, No. 08-4730; Third Circuit; opinion by Greenberg, U.S.C.J.; filed April 22, 2010. Before McKee, Barry and Greenberg. On appeal from the District of New Jersey. [Sat below: Judge Martini.] DDS No. 16-8-7671 [33 pp.]
This matter comes before the court on an appeal from an order of the District Court, terminating the obligation of appellee Bayonne Board of Education to pay the tuition of appellants’ son, D.S., at the Banyan School, a private school for learning-disabled children, and denying appellants’ motion for attorneys’ fees, costs and interest. The District Court’s order reversed a decision of a New Jersey administrative law judge who held Bayonne liable for the cost of D.S.’s tuition at the Banyan School. The ALJ ordered relief because of her conclusions that Bayonne had failed to provide D.S. with a free and appropriate public education during the 2006-07 school year in violation of the Individuals with Disabilities Education Act (IDEA), and that D.S.’s placement at the Banyan School would satisfy the IDEA.
