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ANDRESS v. CLEVELAND INDEPENDENT SCHOOL DIST.

No. 94-40669.

64 F.3d 176 (1995)

Wesley ANDRESS, Plaintiff-Appellee, Cross-Appellant, v. CLEVELAND INDEPENDENT SCHOOL DISTRICT, et al., Defendants, Cleveland Independent School District, Defendant-Appellant, Cross-Appellee. Central Education Agency and Commissioner of Education, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 29, 1995.

Attorney(s) appearing for the Case

Dennie M. Feldman, David M. Feldman, Myra C. Schexnayder, Feldman & Associates, Houston, TX, for Cleveland Independent School Dist.

Michael P. O'Dell, Houston, TX, for appellee.

Rodney P. Geer, Asst. Atty. Gen., Austin, TX, for Central Educ. Agency and Com'r of Educ.

Before LAY, DUHÉ and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

This is an appeal by the Cleveland Independent School District ("the school district"), which was forced to pay, under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. ("IDEA"), for the private schooling of Wesley Andress, a special education student. Wesley's parents refused to allow the school district to reevaluate him, using its own personnel, in order to determine his continuing eligibility for special education...

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