DOE BY AND THROUGH DOE v. SMITH

No. 88-5398.

879 F.2d 1340 (1989)

John DOE, a minor, By and Through his parent and next friend, Mary DOE, Plaintiff-Appellee, v. Charles SMITH, Commissioner, Tennessee Department of Education et al., Defendants. Appeal of SUMNER COUNTY BOARD of EDUCATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 13, 1989.

Rehearing Denied August 10, 1989.


Attorney(s) appearing for the Case

Gary D. Buchanan (argued), Brentwood, Tenn., for plaintiff-appellee.

Charles W. Bone, Kimberly K. Whaley, Don C. Stansberry, Jr. (argued), Janet P. Medlin, Baker, Worthington, Crossley, Stansberry & Woolf, Nashville, Tenn., for defendant-appellant.

Before NELSON and NORRIS, Circuit Judges, and FRIEDMAN, District Judge.


ALAN E. NORRIS, Circuit Judge.

Charles Smith, Commissioner of the Tennessee Department of Education, and the Sumner County Board of Education appeal from a decision of the district court under the Education For All Handicapped Children Act of 1975 ("the EAHCA"), 20 U.S.C. § 1400 et seq. (1978). The district court concluded that the school system had failed to provide John Doe with a free and appropriate public education as required by the EAHCA and ordered...

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