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IN RE CONKLIN

Nos. 89-2220, 89-2225 and 90-2012.

946 F.2d 306 (1991)

In re Thomas C. CONKLIN, Maryland State Department of Education, Special Education Appeal Number 07-89, Plaintiff. (Three Cases) John CONKLIN, Deborah Conklin, Parents and next friends of Thomas Conklin, a minor, Plaintiffs-Appellants, v. ANNE ARUNDEL COUNTY BOARD OF EDUCATION, a body politic and corporate, Defendant-Appellee. (Two Cases) John CONKLIN, Deborah Conklin, Parents and next friends of Thomas Conklin, a minor, Plaintiffs-Appellees, v. ANNE ARUNDEL COUNTY BOARD OF EDUCATION, a body politic and corporate, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1991.

As Amended October 23, 1991.

Attorney(s) appearing for the Case

Frank B. Haskell, III, Haskell, Duley & Gale, Upper Marlboro, Md., argued, for plaintiffs-appellants.

Phillip Tyson Bennett, Cohen, Bennett & Greene, P.A., Annapolis, Md., argued, for defendant-appellee.

Before RUSSELL and NIEMEYER, Circuit Judges, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.

OPINION

MICHAEL, District Judge:

The United States Congress in 1975 passed the Education of the Handicapped Act ("EHA" or "the Act") to provide the handicapped children of this country with access to the public educational system. See 20 U.S.C. §§ 1400-85 (1990).1 Alarmed by the large number of handicapped children that were either completely ignored or improperly serviced by American public schools, Congress...

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