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DeVRIES BY DeBLAAY v. SPILLANE

No. 88-1506.

853 F.2d 264 (1988)

Michael DeVRIES, a minor, by his parent and next friend, Marjorie A. DeBLAAY, Plaintiff-Appellant, and Marjorie A. DeBlaay, Plaintiff, v. Robert SPILLANE, individually and in his capacity as superintendent of Fairfax County Public Schools; Fairfax County Public Schools; Fairfax County Board of Education Members, individually and in their capacity as a member of the Fairfax County School Board; John Davis, individually and in his capacity as Superintendent; Virginia Department of Education; Virginia State Board of Education Members, individually and in their capacity as members of the Board, Defendants-Appellees, and Leary School Incorporated; Albert D. Leary, Jr., individually and in his capacity as Executive Director of Leary School, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 1988.

Attorney(s) appearing for the Case

Timothy M. Cook, Los Angeles, Cal., (Frank J. Laski, Lisa M. Rau, The Public Interest Law Center of Philadelphia, Philadelphia, Pa., on brief) for appellant.

Grady K. Carlson (Thomas J. Cawley, John F. Cafferky, Hunton & Williams, Fairfax, Va., on brief), Kimberly S. Ritchie, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Joan W. Murphy, Asst. Atty. Gen. on brief) for appellees.

Before WINTER, Chief Judge, and MURNAGHAN and ERVIN, Circuit Judges.

MURNAGHAN, Circuit Judge:

The Leary School located in Alexandria, Virginia, was attended by the plaintiff, Michael DeVries, at public expense during the school year 1985-86. Leary is a private special education school. That was by agreement of his mother, Marjorie DeBlaay, and school officials. During the summer of 1986, several meetings were held for the purpose of developing an individualized education program (IEP) for Michael for the 1986-87 school year. His mother...

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