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KERKAM v. McKENZIE

No. 87-7212.

862 F.2d 884 (1988)

Alexander KERKAM, et al. v. Floretta McKENZIE, Superintendent, D.C. Public Schools, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 1988.

Attorney(s) appearing for the Case

Susan S. McDonald, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellants.

Michael J. Eig, with whom Matthew B. Bogin and Margaret A. Kohn, Washington, D.C., were on the brief, for appellees.

Before WILLIAMS, D.H. GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In order to qualify for federal grants under the Education for All Handicapped Children Act, 20 U.S.C. § 1400 et seq. (1982 & Supp. IV), states and the District of Columbia must offer a "free appropriate public education" to all handicapped children. Id. at § 1412(1). They may do so either by providing it directly in public facilities...

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