ANDERSEN BY ANDERSEN v. DISTRICT OF COLUMBIA

Nos. 88-7150, 88-7158, 88-7159 and 88-7160.

877 F.2d 1018 (1989)

Joshua ANDERSEN, by his parents and next friends William T. and Roxanna N. ANDERSEN, et al., Appellants v. DISTRICT OF COLUMBIA, a municipal corporation, et al. David McADOO, by his next friend Harriette McADOO, and Harriette E. McAdoo, Appellants v. Andrew JENKINS, Superintendent, D.C. Public Schools and the District of Columbia. Jason McMULLEN, by his parents and next friends Edward and Karen McMULLEN, et al., Appellants v. Andrew JENKINS, Superintendent, D.C. Public Schools and the District of Columbia. James BOWERS, by his mother and next friend Marva BOWERS, et al., Appellants v. Andrew JENKINS, Superintendent, D.C. Public Schools, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1989.


Attorney(s) appearing for the Case

Michael J. Eig, with whom Matthew B. Bogin and Margaret A. Kohn were on the brief, for appellants in Nos. 88-7150, 88-7158, 88-7159 and 88-7161.

Martin B. White, Asst. Corp. Counsel, Washington, Dist. of Columbia, for appellees in Nos. 88-7150 and 88-7159.

Susan S. McDonald, Asst. Corp. Counsel, Washington, Dist. of Columbia, for appellees in Nos. 88-7158 and 88-7161.

Frederick D. Cooke, Jr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, Dist. of Columbia, were also on the brief, for appellees in Nos. 88-7150, 88-7158, 88-7159 and 88-7161.

Before RUTH BADER GINSBURG, BUCKLEY and WILLIAMS, Circuit Judges.


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

STEPHEN F. WILLIAMS, Circuit Judge:

To be eligible to receive federal grants under the Education for All Handicapped Children Act, 20 U.S.C. §§ 1400 et seq. (1982 & Supp.1986), a state or the District must offer a "free [and] appropriate public education" for all handicapped students. 20 U.S.C. § 1412(1). Unless it meets the obligation by providing appropriate public...

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