Legal Opinion
A.P. v. Lower Merion Sch. Dist.
District Court, E.D. Pennsylvania
Decided March 1, 2018No. CIVIL ACTION NO. 16–5925PublishedCited by 3 opinions
1Opinion of the Court
Savage, District Judge.
In this action brought under the Individuals with Disabilities Education Act (IDEA), the threshold issue, one of first impression, is whether a federal court has jurisdiction to determine a disabled child's residency before addressing a school district's obligation to provide him a free appropriate public education (FAPE). The corollary issue is whether the state agency, the Office of Dispute Resolution (ODR), must first decide the residency issue.
Because a school district has an obligation to provide a free appropriate public *408education to a disabled child who resides…
2Cases cited21 opinions
- Honig v. DoeSupreme Court of the United States · 1988
- Smith v. RobinsonSupreme Court of the United States · 1984
- Constitution Party of Pennsylv v. Carol AicheleCourt of Appeals for the Third Circuit · 2014
- Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
- Blunt v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 2014
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3Cited by3 opinions
- A.P. v. Lower Merion Sch. Dist.District Court, E.D. Pennsylvania · 2019
- Herbert v. St James Parish School BoardDistrict Court, E.D. Louisiana · 2025
- K. K.-M. v. GLOUCESTER CITY BOARD OF EDUCATIONDistrict Court, D. New Jersey · 2020