Free Proposed Order - District Court of Delaware - Delaware

Case 1:06—cv—00770-JJF Document 28 Filed 11/16/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE BOARD OF EDUCATION OF THE :
APPOQUINIMINK SCHOOL DISTRICT, :
and THE DELAWARE DEPARTMENT :
OF EDUCATION, :
Plaintiffs, Counterclaim
Defendants, and :
A VALERIE WOODRUFF, SECRETARY OF':
EDUCATION, :
V : C.A. No. 06-770-JJF
Counterclaim Defendant, :
MR. and MRS. SQJ, IV,
. parents of SQJ, V, :
Defendants, and
A MR. AND MRS. SQJ, IV individually
and on behalf of their son, SQJ, V, :
Counterclaim Plaintiffs.
STIPULATION AND ORDER
DISMISSING COUNTERCLAIM
The parties hereby stipulate and agree to the dismissal of the Counterclaim filed
in the above matter as follows:
A 1. On or about December 18, 2006, the Board of Education of the
Appoquinimink School District (‘°the District") and the Delaware Department of
Education ("the Department")V filed a civil action seeking judicial review of an
administrative due process panel decision under the Individuals With Disabilities
Education Act.
1 2. On or about January 8, 2007, Mr. and Mrs. SQJ, IV tiled a Cotmterclaim

Case 1:06—cv—00770-JJF Document 28 Filed 11/16/2007 Page 2 of 2
against the District, the Department, and the Secretary of Education alleging violations of
Section 504 of the Rehabilitation Act, the Americans With Disabilities Act, the
Individuals With Disabilities Education Act, and 42 U.S.C. § 1983.
3. The parties stipulate and agree, subject to approval by the Court, the
Counterclaim filed by Mr. and Mrs. SQ], IV shall be dismissed with prejudice.
_ DEPARTMENT OF JUSTICE YOUNG, CONAWAY,
’ STATE OF DELAWARE STARGATT & TAYLOR, LLP
i /s/ Jennifer L. Kline /s/ Michael P. StafZ0ra'
I Jennifer L. Kline (#4075) ` Michael P. Stafford (#4461)
Deputy Attorney General 1000 West Street, 17th Floor
102 W. Water Street Wilmington, DE 19899
A Dover, DE 19904 (302) 571-6553
(302) 739-7641 Attorney for Appoquinimink
Attorney for Secretary Woodruff and School District W
( Delaware Department of Education [email protected]
J [email protected]
LAW OFFICES OF PATRICIA
M. O’NEILL
/s/ Patricia M O ’Neill
Patricia M. O’Neill (#3016)
339 West Baltimore Avenue
I lst Floor
Media, PA 19602
(610) 891-6668
p Attorney for Mr. and Mrs. SQ], IV
' [email protected]
IT IS SO ORDERED this day of , 2007.
The Honorable Joseph J. Farnan, Jr.