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JEREMY H. BY HUNTER v. MOUNT LEBANON SCHOOL DIST.

No. 95-3355.

95 F.3d 272 (1996)

JEREMY H., a Minor, by his Father and Next Friend, W.E. HUNTER; W.E. Hunter, on his own behalf; Rita Hunter v. MOUNT LEBANON SCHOOL DISTRICT; Robert German, personally and in his official capacity as a member of the Mount Lebanon School Board; Judy Mcverry, personally and in her official capacity as a member of the Mount Lebanon School Board; Marie Loretta Humphreys, personally and in her official capacity as a member of the Mount Lebanon School Board; Henry J. Kaski, personally and in his official capacity as a member of the Mount Lebanon School Board; Carol J. Walton, personally and in her official capacity as a member of the Mount Lebanon School Board; Templeton Smith, personally and in his official capacity as a member of the Mount Lebanon School Board; Jean Palcho, personally and in her official capacity as a member of the Mount Lebanon School Board; Beverly Maurhoff, personally and in her official capacity as a member of the Mount Lebanon School Board; Dr. Glenn Smartschan, personally and in his official capacity as Superintendent of the Mount Lebanon School Board; Dr. Deborah Allen, personally and in her official capacity as Director of Pupil Services of the Mount Lebanon School District; Dr. Monica Sullivan, personally and in her official capacity as Supervisor of Special Education of the Mount Lebanon School District; Dr. Linda Miller, personally and in her official capacity as Supervisor of Special Education of the Mount Lebanon School District, Jeremy H., a minor, and W.E. Hunter, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 12, 1996.

Attorney(s) appearing for the Case

Frank J. Laski (argued), Public Interest Law Center of Philadelphia, Philadelphia, PA, for Appellants.

William C. Andrews (argued), Andrew J. Leger, Jr. Maiello, Andrews & Price, James C. Kletter, Springer, Bush & Perry, Pittsburgh, PA, for Appellees.

Before: BECKER and McKEE, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

The Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., requires states which accept federal funding for the education of disabled children to insure that those children receive a "free appropriate public education." 20 U.S.C. § 1415(a). The plaintiffs before us in this case — Jeremy Hunter,1 who has a severe visual handicap...

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