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E.D., A Minor, By and Through His Next Friend and Parents Suzanne Doe v. Newburyport Public Schools

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Before

Torruella, Circuit Judge, Souter, Associate Justice,*fn1 and Boudin, Circuit Judge.

This is an appeal by a boy, E.D., and his parents, Suzanne and Robert Doe, from orders of the district court in favor of the defendant, Newburyport Public Schools: summary judgment in no. 10-1241 and dismissal in no. 10-1251. In each case the plaintiffs made claims under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1482, which requires a responsible education authority to provide an Individualized Education Plan (IEP) for the benefit of any child with a disability as defined by the Act, 20 U.S.C. § 1401(3), to function as the blueprint for the required free, appropriate public education, 20 U.S.C. § 1401(9). In each case, the court’s order was identical, save for the penultimate lines speaking, respectively, of dismissal and summary judgment. The court recited as a factual predicate a summary of the Does’ claims (stated in the pleadings, that is, as is implied by the dismissal treatment of the reimbursement claim).

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