This appeal arises under the Individuals with Disabilities Education Act (IDEA). 2 _ OPINION OF THE COURT _ HARDIMAN, Circuit Judge. Pratter, District Judge, United States District Court for the Eastern District of Pennsylvania, sitting by designation.

Wilentz Goldman & Spitzer 90 Woodbridge Center Drive Suite 900, Box 10 Woodbridge, NJ 07095 Counsel for Appellee * The Honorable Gene E.K. Bank & Trust Building Lakewood, NJ 08701 Counsel for Appellant Viola S. Martinotti _ Submitted on JanuBefore: HARDIMAN, ROTH, Circuit Judges, and PRATTER,* District Judge. 3-18-cv-10950) District Judge: Honorable Brian R. HOWELL TOWNSHIP BOARD OF EDUCATION, Y.B., on behalf of S.B., Appellant _ On Appeal from the United States District Court for the District of New Jersey (D.C. PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. While section 1415(j), the “stay-put” provision, provides generally that eligible students must remain in their current educational settings during certain procedures, section 1414(d)(2)(C)(i)(I), the intrastate transfer provision, says that schools need only provide eligible transfer students comparable services to those they were previously receiving. The district court granted Howell summary judgment. In February 2017, Howell terminated S.B.’s enrollment.Īfter a due process hearing, an ALJ ruled for Howell. Howell’s staff reviewed the Lakewood IEP, met with the family, and indicated “that IEP can be implemented in class at Memorial Elementary School where will receive a free appropriate public education in the least restrictive environment.” His parents continued to send S.B. from Lakewood to the Howell School District. In November 2016, the family moved homes and transferred S.B. at the private School for Children with Hidden Intelligence (SCHI) and reimbursed the costs.

an IDEA-mandated free appropriate public education (FAPE) at its own public schools. Lakewood determined it could not provide S.B. 140, from the Lakewood Township School District. S.B.’s parents requested an individualized education program (IEP) under the Individuals with Disabilities Education Act (IDEA). and his parents moved from New York to Lakewood, New Jersey. S.B., a 12-year-old boy with Down Syndrome, requires special education.

Howell township public schools