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CLEVENGER v. OAK RIDGE SCHOOL BD.

No. 83-5840.

744 F.2d 514 (1984)

Harold Richard CLEVENGER b/n/f Sharon Hamaker, natural parent, and Harold Richard Clevenger, individually, Plaintiffs-Appellants, v. OAK RIDGE SCHOOL BOARD, Dr. Robert J. Smallridge, Jo Ann Garrett, Shirley Hendrix, Steve Jernigan, John Murphy, and J.C. Scarbrough, Members of the Oak Ridge School Board, acting in their official capacity; Dr. Robert L. McElrath, Commissioner, State Board of Education; H. Lynn Greer, Jr., Edward C. Blank, Jan Buxton, John Ferguson, R.B. Hailey, John C. Jones, Florence Leffler, Hugh T. McDade, May Alice Ridley, Nannie G. Rucker, John E. Seward, Jr., Billy Ray Vinson, Lamar Alexander, Wayne Brown, and Jo Leta Reynolds, Members, State Board of Education, acting in official capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1984.

Attorney(s) appearing for the Case

William Allen, Rural Legal Services of Tn., Inc., Oak Ridge, Tenn., for plaintiffs-appellants.

William M. Leech, Jr., Atty. Gen. of Tenn., Kathleen A. Maloy, Asst. Atty. Gen., Nashville, Tenn., for defendants-appellees.

James M. Webster, Oak Ridge, Tenn., for Oak Ridge School Bd.

Before KEITH and MARTIN, Circuit Judges, and SILER, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

The only question in this case is whether the Oak Ridge, Tennessee, School Board is providing Harold Richard Clevenger the kind of "free appropriate public education" required by the Education for All Handicapped Children Act, 20 U.S.C. § 1412. The School Board has decided to place Richard at Riverbend, a residential school with psychiatric treatment which is part of the Lakeshore Mental Health Institute in Knoxville, Tennessee...

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