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The United State Court of Appeals for the Second Circuit

Thomas Mackey, Parent of a Disabled Student, Thomas M.; Barbara Mackey, Parent of a Disabled Student, Thomas M.; Plaintiffs-Appellants,

v.

Board of Education for the Arlington Central School District; The State Education Department, Defendants-Appellees.

Docket No.

Argued:

Decided:

 

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BACKGROUND

I. The IDEA

II. Factual and Procedural Background

at Arlington High School and received special instruction in vocational education and career activities, pursuant to the IEPs developed for those years.

A. The 1999-2000 School Year (not at issue in this action)

the District to reimburse the parents for the 1999-2000 Maplebrook tuition. The District challenged the SRO's decision in federal court and lost. The District appealed, but later withdrew the appeal and, in May 2002, reimbursed the parents for T.M.'s tuition at Maplebrook.

B. The 2000-2001 School Year (the year at issue)

therefore inappropriate," and that the District had provided a FAPE.

C. The Federal Court Action

after the 2000-2001 school year at issue, the parents could not be reimbursed for Maplebrook tuition for that year.[3]

DISCUSSION

I. Standard of Review

this record, we find no material issues of fact in dispute.

II. Application

adequacy of the 2000-2001 IEP.

CONCLUSION

proceedings not inconsistent with this opinion.

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Footnotes