M.a., a minor child, by his parents, G.A. and E.A.; G.A.; E.A. v. VOORHEES TOWNSHIP BOARD OF EDUCATION On Appeal from the United States District…

*Judge Becker completed his term as Chief Judge on May 4, 2003. 1
**Judge Myron H. Bright, Senior Judge of the United States Court of Appeals for the 1
Eighth Circuit, sitting by designation. 2
NOT PRECEDENTIAL
IN THE UNITED STATES DISTRICT COURT
FOR THE THIRD CIRCUIT
_______________________________________
NO. 02-2609
M.A., a minor child, by
his parents, G.A. and E.A.;
G.A.; E.A.,
Appellants
v.
VOORHEES TOWNSHIP BOARD OF EDUCATION
____________________________________________
On Appeal from the United States District Court
for the District of New Jersey
(D.C. No. 01-cv-02595)
District Judge: Jerome B. Simandle
____________________________________________
Argued: April 8, 2003
Before: BECKER, Chief Judge,* BARRY and BRIGHT,** Circuit Judges.
(Filed: May 16, 2003 )
HERBERT D. HINKLE, ESQUIRE (Argued)
2651 Main Street, Suite A
Lawrenceville, New Jersey 08648
Attorney for Appellants
HOWARD S. MENDELSON, ESQUIRE (Argued)
David & Mendelson, L.L.C.

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20 Brace Road, Suite 112
Cherry Hill, New Jersey 08034
Attorney for Appellee
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BENCH OPINION
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BECKER, Circuit Judge.
The panel has carefully considered the entire record and the briefs of the parties and the
opinion of Judge Simandle. We agree that Mr. Mendelson has correctly stated the standard of
review which is deferential and clearly erroneous. We are satisfied that Judge Simandle’s
findings of fact are not clearly erroneous. We are also satisfied that he has committed no error of
law. Accordingly, the judgment of the District Court will be affirmed. We find the claim for
compensatory education and a request for a guardian ad litem advanced in appellants’ brief
to be without legal merit and the mandate of this Court shall issue forthwith. We direct Mr.
Mendelson to contact the administrators at Bancroft and Sawtelle/Collingswood where he has
represented that there is an opening and inform them that the panel requests that those openings
be kept under the parents of M.A. have had an opportunity to consider admission there. The
panel also requests the school to communicate with Dr. Holmes at Eden to discuss the possibility
of an opening there. All of which should be done before the end of this week. That
constitutes the opinion and judgment of the Court.

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TO THE COURT:
Please file the foregoing opinion.
/s/ Edward R. Becker
Circuit Judge

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