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SPIELBERG v. HENRICO COUNTY PUBLIC SCHOOLS

Nos. 87-3640, 87-3643.

853 F.2d 256 (1988)

Jonathan SPIELBERG, a minor, by his parents, Howard and Susan SPIELBERG, as his next friend; Howard Spielberg; Susan Spielberg, Plaintiffs-Appellees, v. HENRICO COUNTY PUBLIC SCHOOLS; Malcolm M. Christian, Chairman, Henrico County School Board; William C. Bosher, Jr., Superintendent, Henrico County Public Schools; Morton Bradman, Assistant Superintendent for Instructional Support Services, Henrico County Public Schools; Joann Marchant, Principal, Virginia Randolph Special Education Center, Henrico County Public Schools; Patricia Martin, Special Education Teacher, Virginia Randolph Special Education Center, Henrico County Public Schools; Gwendolyn Whiting, Home Support Trainer, Virginia Randolph Special Education Center; Dorothy Sugarman, Social Worker, Henrico County Public Schools; School Psychologist, Henrico County Public Schools, Defendants-Appellants. Jonathan SPIELBERG, a minor, by his parents, Howard and Susan SPIELBERG, as his next friend; Howard Spielberg; Susan Spielberg, Plaintiffs-Appellants, v. HENRICO COUNTY PUBLIC SCHOOLS; Malcolm M. Christian, Chairman, Henrico County School Board; William C. Bosher, Jr., Superintendent, Henrico County Public Schools; Morton Bradman; Assistant Superintendent for Instructional Support Services, Henrico County Public Schools; Joann Marchant, Principal, Virginia Randolph Special Education Center, Henrico County Public Schools; Patricia Martin, Special Education Teacher, Virginia Randolph Special Education Center, Henrico County Public Schools; Gwendolyn Whiting, Home Support Trainer, Virginia Randolph Special Education Center; Dorothy Sugarman, Social Worker, Henrico County Public Schools; Social Worker, Henrico County Public Schools; School Psychologist, Henrico County Public Schools, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1988.

Rehearing and Rehearing Denied September 22, 1988.

Attorney(s) appearing for the Case

Joseph T. Tokarz, II, Richmond, Va., for defendants-appellants.

Thomas Franklin Guernsey, Richmond, Va., for plaintiffs-appellees.

Before WIDENER, ERVIN, and WILKINS, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 22, 1988.

ERVIN, Circuit Judge:

Jonathan Spielberg is a severely retarded nineteen year old resident of Henrico County, Virginia. Since 1977, the Henrico County Public Schools have paid the full cost of his education at the Melmark School ("Melmark"), a residential facility in Pennsylvania, under the Education of All Handicapped Children Act ("EHA"), 20 U.S.C. § 1401, et seq. In March 1985, the county initiated...

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