Moorestown School District Appeals Federal Judge's Ruling

Less than a month after a federal judge ruled against in a case involving its responsibility to provide services to an autistic boy, the district is appealing that decision, according to the boy's father.

Judge Renee Marie Bumb in September , who sued the district in civil court after it refused to evaluate or provide an Individual Education Plan (IEP) for their autistic son unless he was enrolled in the district.

IEPs are vital for challenged students like their son, said the boy’s father, Scott Duman, because “he’s not like a kid you can just drop off in front of the school. He has to know what he’s getting into.”

The Dumans contended the district’s position flew in the face of the Individuals with Disabilities Education Act (IDEA), which requires school districts provide an IEP to all disabled students living in the district, whether or not they’re enrolled.

Bumb ruled the district is responsible for reimbursing the Dumans roughly $60,000 for tuition costs at Orchard Friends School in Riverton—where their son attended for more than three years, in part because of the district’s refusal—as well as attorney’s fees for the four-year-old case.

Scott Duman said his attorney notified him late Tuesday afternoon the district was appealing the decision to the Third Circuit Court of Appeals—the last stop before the U.S. Supreme Court.

Though he was cautiously optimistic his family’s legal ordeal was nearly over following Bumb’s decision, Duman said he wasn’t really surprised when his attorney notified him of the appeal.

“I really don’t think they (the district) care about the money,” he said. “I don’t believe this is about my son anymore. I believe it’s about keeping (challenged students) from being able to find out what kind of services they can get without enrolling in the school. It’s got to be about barring other students their rights under IDEA.”

School board President Don Mishler said Tuesday night he was not aware an appeal had been filed.

“Beyond that, I have nothing else to comment as it pertains to pending litigation,” he added.

Duman isn’t sure what comes next, but said even after four years of legal wrangling and roughly $200,000 in attorney’s fees, he’s still not ready to give up.

“Right now, I’m prepared to take this as far as it needs to go,” he said. “I believe, and so far two courts agree with me, that I’m right and they’re dead wrong.”