John Doe v. Brookline School Committee

BOWNES, Circuit Judge.

This case arises under the Education for All Handicapped Children Act, 20 U.S.C. §§ 1401 et seq., and presents three issues. First, who bears responsibility for funding the nonpublic educational placement of a disabled child during the pendency of placement review proceedings? Second, does § 1415(e)(3) preempt a district court’s equity powers and require absolute enforcement of a current placement pending review? Third, is reimbursement for tuition costs expended available to a prevailing party under §§ 1415(e)(2) and (e)(3) of the Act? Before reaching these issues, we…