DEVRIES BY DeBLAAY v. FAIRFAX COUNTY SCHOOL BD.

No. 88-3644.

882 F.2d 876 (1989)

Michael DEVRIES, by his parent and next friend Marjorie Ann DeBLAAY; Marjorie A. DeBlaay, Plaintiffs-Appellants, v. The FAIRFAX COUNTY SCHOOL BOARD; Robert Spillane, individually and in his capacity as Superintendent of Fairfax County Public Schools, Defendants-Appellees, and Fairfax County Board of Education Members, individually and in their capacity as a member of the Fairfax County School Board; Leary School Incorporated; Albert D. Leary, Jr., individually and in his capacity as Executive Director of Leary School; John Davis, individually and in his capacity as the Virginia Superintendent of Public Instruction, Virginia Department of Education, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1989.


Attorney(s) appearing for the Case

Frank J. Laski (Judith A. Gran, Lisa M. Rau, Public Interest Law Center of Philadelphia, Chuck Rust-Tierney, Hirschkop, Dimuro & Mook, on brief), for plaintiffs-appellants.

Thomas J. Cawley (Grady K. Carlson, John F. Cafferky, Hunton & Williams, on brief), for defendants-appellees.

Before PHILLIPS and SPROUSE, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.


SPROUSE, Circuit Judge:

Michael DeVries, a seventeen-year-old autistic student, through his mother,* appeals from the district court's judgment upholding the Fairfax County School Board's determination that a county vocational center located thirteen miles from his home rather than a public high school closer to his home is the "appropriate" and "least restrictive" educational environment for DeVries. We affirm.

The parties do...

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