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BERNARDSVILLE BD. OF EDUC. v. J.H.

No. 93-5767.

42 F.3d 149 (1994)

BERNARDSVILLE BOARD OF EDUCATION, Appellant, v. J.H., Individually and on behalf of their minor son, J.H.; E.H., Individually and on behalf of their minor son, J.H.; J.H., Individually.

United States Court of Appeals, Third Circuit.

Decided November 22, 1994.

Sur Petition for Rehearing December 20, 1994.

Attorney(s) appearing for the Case

Nathanya G. Simon, (argued), David L. Rosenberg, Schwartz, Simon, Edelstein, Celso & Kessler, Livingston, NJ, for appellant.

Theodore A. Sussan, (argued), Staci J. Greenwald, Sussan & Greenwald, Spotswood, NJ, for appellees.

Before: MANSMANN, COWEN and McKEE, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Through the exercise in "cooperative federalism" which is the hallmark of the implementation of the Education of the Handicapped Act, 20 U.S.C. §§ 1400 et seq., now known as the Individuals with Disabilities Education Act, local school boards are mandated to provide a free, appropriate public education for handicapped children alongside their peers who are not so impaired. The Act authorizes...

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