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GILLETTE v. FAIRLAND BD. OF EDUC.

No. 90-3270.

932 F.2d 551 (1991)

P.T. GILLETTE, Jr., a minor, By and Through his parents, Paul and Susan GILLETTE, Plaintiff-Appellee, v. FAIRLAND BOARD OF EDUCATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 9, 1991.

Attorney(s) appearing for the Case

Michael J. Mooney, Cincinnati, Ohio, for plaintiff-appellee cross-appellant.

Paul W. McCartney, Ralph F. Mitchell, Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, for defendant-appellant cross-appellee.

Before KENNEDY and RYAN, Circuit Judges, and JOINER, Senior District Judge.

KENNEDY, Circuit Judge.

The Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (the Act), provides that in order to qualify for federal funds for the education of children with disabilities, the states must ensure that all children with disabilities are provided with a "free appropriate public education." 20 U.S.C. § 1412(1). If a state is unable to provide an appropriate education in its...

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