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COM. OF VA. DEPT. OF EDUC. v. RILEY

No. 95-2627.

86 F.3d 1337 (1996)

COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION, Petitioner, v. Richard W. RILEY, United States Secretary of Education; United States Department of Education, Respondents. Virginia School Boards Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1996.

Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, Deputy Attorney General, Office of the Attorney General, Richmond, Virginia, for Petitioner. Leslie A. Simon, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: James S. Gilmore, III, Attorney General, Paul J. Forch, Senior Assistant Attorney General, Joan W. Murphy, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Petitioner. Deval L. Patrick, Assistant Attorney General, Dennis J. Dimsey, United States Department of Justice, Washington, D.C., for Respondent. D. Patrick Lacy, Jr., Kathleen S. Mehfoud, Hazel & Thomas, P.C., Richmond, Virginia, for amicus curiae.

Before MURNAGHAN and LUTTIG, Circuit Judges, and LAY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Judge MURNAGHAN wrote the majority opinion, in which Senior Judge LAY joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

MURNAGHAN, Circuit Judge:

Under Part B of the Individuals with Disabilities Education Act ("IDEA" or "IDEA-B"), federal funds are provided to participating states for the purpose of helping them to educate disabled children. In order to be eligible...

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