Free Order - District Court of Delaware - Delaware

Case 1:07-cv-00668-LPS Document 15 Filed 06/O3/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILl-IAM and IVIAUREEN ANELLO, :
Plaintiffs,
v. C.A. N0. 07-668-LPS
INDIAN RIVER SCHOOL DISTRICT
and SUSAN S. BUNTING, :
Defendants.
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At Vlhlmington, this 3'“’ day of June, 2008.
WHEREAS, this case involves an action forjudicial review of an
administrative panel decision pursuant to 20 U.S.C. § 1415(i)(2)(A) of The Individuals
With Disabilities Education Improvement act. The action concerns the educational
rights of a minor child with a disability.
WHEREAS, in any action brought under 20 U.S.C. § 1415(i)(2)(C), the
Court: "(i) shall receive the records of the administrative proceedings; (ii) shall hear
additional evidence at the request of a party; and (iii) basing its decision on the
preponderance of the evidence; shall grant such relief as the court determines
appropriate."
WHEREAS, the Delaware Department of Education, as the state
educational agency, maintains the administrative record and is responsible for filing it
with the Court pursuant to 14 Del. C. § 3142(c).

Case 1:07-cv-00668-LPS Document 15 Filed 06/03/2008 Page 2 of 2
WHEREAS, the administrative record is likely to include personally
identifiable information related to Plaintiffs' minor child, and is protected from disclosure
by the Family Educational Rights and Privacy Act of 1974 20 U.S.C. § 1232 g, 34
C.F.R. Part 99, and Delaware Department of Education regulations, 14 DE Admin.
Code § 251.
WHEREAS, Plaintiffs’ requested the administrative record of the
proceedings from the Secretary of Education, Valerie A. Woodruff, on May 2, 2008.
Secretary Woodruff, through the Department of Justice of Kent County, Delaware, has
agreed to certify and file with the Court the record of the administrative hearing,
including all documents submitted, transcripts of all testimony and the decision of the
hearing panel upon receipt of an Order from the Court in this matter.
lT IS THEREFORE HEREBY ORDERED that the administrative record
shall be filed with the Court under seal.
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UNITED STATES MAGISTRA UDGE

Case 1:07-cv-00668-LPS

Document 15

Filed 06/03/2008

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Case 1:07-cv-00668-LPS

Document 15

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