Michael W. BARNETT, by his parents and next friends James E. and Cynthia A. BARNETT, James E. Barnett, Cynthia A. Barnett, Plaintiffs-Appellants,
v.
FAIRFAX COUNTY SCHOOL BOARD, Defendant-Appellee,
The Association for Retarded Citizens of the United States, the Paralyzed Veterans of America, United Cerebral Palsy Associations, Incorporated, National Council on Independent Living, the Disability Rights Education and Defense Fund, Incorporated, Amici Curiae.
Michael W. BARNETT, by his parents and next friends James E. and Cynthia A. BARNETT, James E. Barnett, Cynthia A. Barnett, Plaintiffs-Appellants,
v.
FAIRFAX COUNTY SCHOOL BOARD, Defendant-Appellee,
The Association for Retarded Citizens of the United States, the Paralyzed Veterans of America, United Cerebral Palsy Associations, Incorporated, National Council on Independent Living, the Disability Rights Education and Defense Fund, Incorporated, Advocacy, Incorporated, Schools are for Everyone, the Association for Persons with Severe Handicaps, the Virginia Tash, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 2, 1990.
Decided January 28, 1991.
Attorney(s) appearing for the Case
Timothy M. Cook, Nat. Disability Action Center, argued (Beth Pepper, Ira Burnim, Mental Health Law Project, Washington, D.C., on brief), for plaintiffs-appellants.
Thomas Hohn Cawley, argued (John F. Cafferky, Grady K. Carlson, Hunton & Williams, Fairfax, Va., on brief), for defendant-appellee.
Mark S. Partin, Advocacy, Inc., Austin, Tex., for amici curiae Advocacy, Inc., Schools Are for Everyone (SAFE), The Ass'n for Persons With Severe Handicaps (TASH), The Virginia TASH.
Anne D. Smith, White & Case, Washington, D.C., for amici curiae The Ass'n for Retarded Citizens of the U.S., The Paralyzed Veterans of America, United Cerebral Palsy Associations, Inc., Nat. Council of Independent Living, The Disability Rights Educ., and Defense Fund, Inc.
Kathleen Shepard Mehfoud, Mari Maginn Hommel, Hazel, Thomas, Fiske, Weiner, Beckhorn & Hanes, P.C., Richmond, Va., for amicus curiae The Virginia School Boards Ass'n.
Before SPROUSE and CHAPMAN, Circuit Judges, and NICKERSON, United States District Judge for the District of Maryland, sitting by designation.
United States Court of Appeals, Fourth Circuit.
PER CURIAM:
Michael Barnett and his parents1 appeal from the district court's order granting the Fairfax County School Board's motions to strike plaintiffs' claims for monetary damages and a jury, 721 F.Supp. 755, and the court's decision that the Board provided Michael with a free appropriate public education in the least restrictive environment at Annandale High School, as required by the Education...
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