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BIRMINGHAM v. OMAHA SCHOOL DIST.

Nos. 01-2742WA, 01-3114WA.

298 F.3d 731 (2002)

Brenda Deann BIRMINGHAM, Appellee/Cross-Appellant, v. OMAHA SCHOOL DISTRICT; David Land, Superintendent of the Omaha School District; Randy J. Centers, Principal of the Omaha School District; Larry Gilbert, as a Current or Former Member of the Omaha School Board; Larry Matlock, as a Current or Former Member of the Omaha School Board; Lanny Fuefett, as a Current or Former Member of the Omaha School Board; Pam Gass, as a Current or Former Member of the Omaha School Board; David Arnold, as a Current or Former Member of the Omaha School Board; Bill Curtis, as a Current or Former Member of the Omaha School Board; Mike Fulton, as a Current or Former Member of the Omaha School Board; and James Strain, Omaha High School Special Education Teacher, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2002.

Rehearing and Rehearing Denied: September 16, 2002.

Attorney(s) appearing for the Case

W. Paul Blume, argued, Little Rock, AR, for appellant.

Thomas K. Gilhool, argued, Philadelphia, PA (Michael Churchill, Judith A. Gran, Barbara E. Ransom, Philadelphia, PA, on the brief), for appellee.

BEFORE: WOLLMAN, RICHARD S. ARNOLD, and LOKEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied: September 16, 2002.

RICHARD S. ARNOLD, Circuit Judge.

This is a dispute between a school district and a parent about the educational rights of a student under the Individuals with Disabilities Education Act (IDEA). In an earlier opinion, this Court determined that the Omaha (Arkansas) School District violated Brenda Birmingham's right to a free and appropriate public education when it graduated her at age 18, because...

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