Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv-00193-MPT Document 13 Filed 08/15/2007 Page 1 of 2
IN Tl-IE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
CH., :
Plaintiff, C.A. No. 07-193
Tl-IE CAPE HENLOPEN SCHOOL
DISTRICT, GEORGE E. STONE, :
THE DELAWARE DEPARTMENT OF :
EDUCATION, and SECRETARY :
VALERIE A. WOODRUFF, :
Defendants.
STIPULATION AND ORDER
TO FILE ADMINISTRATIVE RECORD UNDER SEAL
NOW COME the parties, by and through their counsel of record, and stipulate as follows;
1. This case involves an action for judicial review of an administrative panel
decision pursuant to 20 U.S.C. § l4I5(i)(2)(A) ofthe Individuals With Disabilities Education
Act. The action concerns the educational rights of a minor child with a disability.
2. ln any action brought tuider 20 U.S.C. § i4l5(i)(2)(C), the Court: (i) shall receive
the records ofthe administrative proceedings; (ii) shall hear additional evidence at the request of
a party; and (iii) basing its decision on the preponderance ofthe evidence, shall grant such relief
as the Court determines is appropriate.
3. The Delaware Department of Education, as the state educational agency,
maintains the administrative record and is responsible for tiling it with the Court.
4. Most ofthe administrative record includes personally identiiiable information

Case 1:07-cv-00193-MPT Document 13 Filed 08/15/2007 Page 2 of 2
related to Plaintiff, CH., and is protected from disclosure by the Family Education Rights to
Privacy Act, 20 U.S.C. § l232(g), 34 C.F.R. Part 99, and Delaware Department of Education
regulations, 14 DE Admin Code § 251.
5. As a result, the parties stipulate and agree the administrative record shall be filed
with the Court under seal.
YOUNG, CONAWAY, STARGATT DEPARTNIENT OF JUSTICE
& TAYLOR LLP
/s/ Michae? Stafford /.9/ Jennyfer L. Kline
Barry M. Willoughby, Esquire (No. 1016) Jennifer L. Kline, Esquire (No. 4075)
Michael Stafford, Esquire (No. 4461) 102 West Water Street
1000 West Street Dover, DE 19901
17m Floor Phone: (302) 739-7641
Wilmington, DE 19899 Jennifer.1<1ine[u)state.de.us
Phone: (302) 571-6553 Attorneys for the Delaware Department of
bwilloughby*@vcst.com Education, and Secretary of Education,
mstafford@ycsthcom Valerie A- Woodruff
Attorneys for the Cape Henlopen School
District and Dr. George E. Stone
CALLEGARY & STEEDMAN, P.A. LAW OFFICE OF BRUCE HUDSON
/.s7' Wayne D. Steedman /s/ Bruce L. Hudson
Wayne D. Steedman, Esquire Bruce L. Hudson, Esquire (Bar ID 1003)
301 N. Charles Street Suite 600 800 King Street, Suite 302
Baltimore, MD 21201 Wilmington, DE 19801-3544
Phone: (410) 576-7606 Phone: (302) 656-9850
waynegcrgcallegarysteedinarrcom [email protected]
Attorneys for Plaintiff, C.H. Delaware Local Counsel for Plaintiff, C.H.
IT IS SO ORDERED this day of , 2007.
UNITED STATES MAGISTRATE JUDGE