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CARTER v. FLORENCE COUNTY SCHOOL DIST. FOUR

No. 91-1047.

950 F.2d 156 (1991)

Shannon CARTER, a minor By and Through her father, and next friend, Emory D. CARTER, Plaintiff-Appellee, v. FLORENCE COUNTY SCHOOL DISTRICT FOUR, Ernest K. Nicholson, Superintendent, in his official capacity, School Board Members, Bennie Anderson, Chairman, Monroe Friday, Jack Odom, Elrita Bacote, T.R. Green, James W. Hicks, in their official capacity, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 26, 1991.

Attorney(s) appearing for the Case

Bruce Edward Davis, Camden, S.C., argued, for defendants-appellants.

Peter W.D. Wright, Richmond, Va., argued (David R. Burlington, South Carolina Protection and Advocacy System for the Handicapped, Inc., Greenville, S.C., on brief), for plaintiff-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, WILKINSON, Circuit Judge, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

The Individuals with Disabilities Education Act (formerly the Education of the Handicapped Act), 20 U.S.C. § 1400 et seq., requires states that receive federal funds for education of the handicapped to provide such children with a "free appropriate public education." 20 U.S.C. § 1412(1) (1988). In Burlington School Committee v. Massachusetts Department of Education, 471 U.S. 359

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