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TICE v. BOTETOURT COUNTY SCHOOL BD.

No. 89-2783.

908 F.2d 1200 (1990)

Matthew L. TICE, a minor, By and Through his parents; Connie L. TICE; Kevin S. Tice, Plaintiffs-Appellants, v. BOTETOURT COUNTY SCHOOL BOARD; Clarence S. McClure, Superintendent of Education, Botetourt County Public Schools; Phyllis T. Simmons, Supervisor, Special Education Services, Botetourt County Public Schools; John W. Horner, former Principal of Colonial Elementary School, Botetourt County Public Schools, Defendants-Appellees. Virginia School Boards Association; Virginia Department for Rights of the Disabled, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1990.

Attorney(s) appearing for the Case

William David Paxton (argued), Gentry, Locke, Rakes & Moore, Roanoke, Va. (Leisa Kube Ciaffone, on brief), for plaintiffs-appellants.

Charles Robinson Allen, Jr. (argued), Roanoke, Va., for defendants-appellees.

Kathleen Shepherd Mehfoud (argued), Hazel, Thomas, Fiske, Weiner, Beckhorn & Hanes, P.C., Richmond, Va., for amicus curiae Virginia School Boards Ass'n.

Lois V. Ragsdale, Philip C. Barr, Dept. for Rights of the Disabled, Richmond, Va., on brief, for amicus curiae Dept. for Rights of the Disabled.

Before ERVIN, Chief Judge, HALL, Circuit Judge, and DUPREE, Senior United States District Judge for the Eastern District of North Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

Matthew L. Tice, by and through his parents Connie L. Tice and Kevin S. Tice, appeals from the order of the district court entering judgment in favor of the Botetourt County School Board and three individuals. The Tices' claims were for reimbursement of educational expenses under the Education of All Handicapped Children Act of 1975 ("Act"), 20 U.S.C. §§ 1401 et seq., for violation of due process under 42 U.S.C. § 1983...

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