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BURKE COUNTY BD. OF EDUC. v. DENTON

No. 88-2184.

895 F.2d 973 (1990)

BURKE COUNTY BOARD OF EDUCATION, Plaintiff-Appellee, v. Christian Lee DENTON, By and Through his parents and legal guardian; Lee Edward DENTON, Defendants-Appellants. Carolyn DENTON, Defendant, v. Phillips A. CRAIG, State Superintendent of Public Instruction, State of North Carolina; Haworth, Howard, Chairman, State Board of Education, State of North Carolina, Third Party Plaintiffs.

United States Court of Appeals, Fourth Circuit.

Decided February 9, 1990.

Attorney(s) appearing for the Case

David B. Puryear, Jr. (Booth, Harrington, Johns & Campbell, Greensboro, N.C., Roger Manus, Carolina Legal Assistance, on brief) for defendants-appellants.

Ann L. Majestic (Allison Brown Schafer, Tharrington, Smith & Hargrove, Raleigh, N.C., on brief) for plaintiff-appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and FOX, United States District Judge for the Eastern District of North Carolina, sitting by designation.

PHILLIPS, Circuit Judge:

Christian Lee Denton (Chris), by and through his parent and legal guardian, Lee Edward Denton, appeals from the judgment of the district court affirming, with minor modifications, the educational program proposed for Chris by the Burke County, North Carolina, Board of Education (Board). The Dentons had initiated administrative review procedures under the Education of the Handicapped Act (EHA), 20 U.S.C. §§ 1400-1485, and the parallel...

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