M.L. BY LEIMAN v. SMITH

No. 15-1977.

867 F.3d 487 (2017)

M.L., a minor, BY his parents and next friends, Akiva and Shani LEIMAN; Akiva Leiman; Shani Leiman, Plaintiffs-Appellants, v. Dr. Jack R. SMITH, in his official capacity as Superintendent; Montgomery County Board of Education, Defendants-Appellees. National Jewish Commission on Law and Public Policy, "COLPA"; Maryland Cape, Inc.; Jewels School; Magen Legal, Amici Supporting Appellants, National School Boards Association; Maryland Association of Boards of Education; Americans United for Separation of Church and State; American Civil Liberties Union; ACLU of Maryland; Baptist Joint Committee for Religious Liberty; Central Conference of American Rabbis; Jewish Social Policy Action Network; People for the American Way Foundation; Union for Reform Judaism; Women of Reform Judaism, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 14, 2017.


Attorney(s) appearing for the Case

ARGUED: Michael Eig , MICHAEL J. EIG AND ASSOCIATES, P.C., Chevy Chase, Maryland, for Appellants. Jeffrey A. Krew , JEFFREY A. KREW, LLC, Ellicott City, Maryland, for Appellees. ON BRIEF: Paula A. Rosenstock , MICHAEL J. EIG AND ASSOCIATES, P.C., Chevy Chase, Maryland, for Appellants. Joshua Civin , Zvi Greismann , Office of the General Counsel, MONTGOMERY COUNTY PUBLIC SCHOOLS, Rockville, Maryland, for Appellees. Nathan Lewin , Alyza D. Lewin , LEWIN & LEWIN, LLP, Washington, D.C.; Meir Katz , MAGEN LEGAL , Baltimore, Maryland, for Amici National Jewish Commission on Law and Public Policy "COLPA", Maryland CAPE, Inc., JEWELS School, and Magen Legal. Leslie Robert Stellman , PESSIN KATZ LAW, P.A., Towson, Maryland; Francisco M. Negrón, Jr. , NATIONAL SCHOOL BOARDS ASSOCIATION, Alexandria, Virginia, for Amici National School Boards Association and Maryland Association of Boards of Education. Daniel Mach , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Washington, D.C.; Jeffrey I. Pasek , COZEN O'CONNOR , Philadelphia, Pennsylvania; Richard B. Katskee , Carmen N. Green , AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, Washington, D.C., for Amici Americans United for Separation of Church and State, American Civil Liberties Union, ACLU of Maryland, Baptist Joint Committee for Religious Liberty, Central Conference of American Rabbis, Jewish Social Policy Action Network, People for the American Way Foundation, Union for Reform Judaism and Women of Reform Judaism.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Niemeyer and Judge King joined.


M.L., a minor, by and through his parents, Akiva and Shani Leiman, and Akiva and Shani Leiman, individually and in their capacity as M.L.'s parents (collectively, the "Plaintiffs"), appeal the district court's denial of their motion for summary judgment under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C...

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