Le Pape v. Lower Merion Sch. Dist., 2024 U.S. App. LEXIS 13400, 2024 WL 2822917 (3d Cir. June 4, 2024) (Ambro, C.J.).
This case discusses reversal because of failure to adhere to Rule 56 requirements on summary judgment. The Court also attempts to clarify the “muddled” law in our Circuit. A denial-of-FAPE claim under the IDEA can be resolved through an administrative appeal but ADA, in Section 504, discrimination claim seeking compensatory damages, even if on same facts, should be resolved through summary judgment and, if possible, trial.
