John SCHIMMEL, a minor, by his parents and next friends John & Betty SCHIMMEL and John Schimmel, Betty Schimmel, Plaintiffs-Appellants,
v.
Robert SPILLANE, Supt. Fairfax Co. Public Schools; Fairfax Co. Bd. of Education; John Davis, Supt. Va. Dept. of Education, Defendants-Appellees,
The American Civil Liberties Union Foundation of Virginia, Inc., Amicus Curiae.
John SCHIMMEL, a minor, by his parents and next friends John & Betty SCHIMMEL and John Schimmel, Betty Schimmel, Plaintiffs-Appellees,
v.
Robert SPILLANE, Supt. Fairfax Co. Public Schools; Fairfax Co. Bd. of Education, Defendants-Appellants, and
John Davis, Supt. Va. Dept. of Education, Defendant.
John SCHIMMEL, a minor, by his parents and next friends John & Betty SCHIMMEL and John Schimmel, Betty Schimmel, Plaintiffs-Appellees,
v.
John DAVIS, Supt. Va. Dept. of Education, Defendant-Appellant, and
Robert Spillane, Supt. Fairfax Co. Public Schools; Fairfax Co. Bd. of Education, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued January 5, 1987.
Decided May 27, 1987.
Attorney(s) appearing for the Case
Matthew Bogin (Beth Goodman, Bogin & Eig, Washington, D.C., on brief), for Schimmel.
Grady Kimel Carlson (Thomas J. Cawley, Hunton & Williams, Fairfax, Va., on brief), for Spillane and the Fairfax County School Bd.
Joan W. Murphy, Asst. Atty. Gen., Richmond, Va. (Phyllis Carole Katz, Asst. Atty. Gen., Richmond, Va., on brief), for Davis.
Frank M. Feibelman, Kelley H. Brandt, Richmond, Va., on brief, for amicus curiae American Civil Liberties Union Foundation of Virginia, Inc. on behalf of plaintiffs-appellants John Schimmel, et al.
Before WINTER, Chief Judge, ERVIN, Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.
United States Court of Appeals, Fourth Circuit.
ERVIN, Circuit Judge:
This case presents questions arising under the Education of the Handicapped Act, 20 U.S.C. §§ 1400 et seq. (1982) (hereinafter the "EHA" or the "Act"). Plaintiff, a handicapped child who sues by his parents and next friends, appeals from the district court's judgment in favor of defendants Robert Spillane, Superintendent of the Fairfax County Public Schools; the Fairfax County Board...
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