MILLAY v. SURRY SCHOOL DEPT

Filing 203

ORDER adopting 198 Amended Report and Recommended Decision re 44 Amended Complaint filed by JOANNE MILLAY. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JOANNE M. MILLAY, as Parent
of minor child Y.M.,
Plaintiff,
v.
SURRY SCHOOL DEPARTMENT,
Defendant.

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1:07-cv-00178-JAW

ORDER AFFIRMING THE RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on March 24, 2011
her Amended Recommended Decision (Docket # 198).

The Defendant filed its

objections to the Recommended Decision on April 6, 2011 (Docket # 199); the
Plaintiff filed her objections to the Recommended Decision on April 11, 2011 (Docket
# 200); the Defendant filed its response to the objections on April 25, 2011 (Docket #
201); and, the Plaintiff filed her response to the objections on April 28, 2011 (Docket
# 202). The Court has reviewed and considered the Magistrate Judge’s
Recommended Decision, together with the entire record, and has made a de novo
determination of all matters adjudicated by the Magistrate Judge’s Recommended
Decision.
1. It is therefore ORDERED that the Amended Recommended Decision of
the Magistrate Judge is hereby AFFIRMED.

2. Regarding remedy, the Court ORDERS eighty-six (86) weeks of
compensatory educational services, to be provided by Defendant upon the
expiration of Y.M.’s existing period of eligibility, unless the Department of
Education directs that a substitute decision maker with expertise will
fulfill Defendant’s IDEA obligations.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 23rd day of May, 2011