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K.R. BY M.R. v. ANDERSON COMMUNITY SCHOOL CORP.

No. 95-2497.

81 F.3d 673 (1996)

K.R., an infant, by her parents and next friends M.R. and K.R.R., and M.R. and K.R.R., Plaintiffs-Appellees, v. ANDERSON COMMUNITY SCHOOL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 12, 1996.

Rehearing and Suggestion for Rehearing Denied May 28, 1996.

Attorney(s) appearing for the Case

Milo G. Gray, Jr. (argued), Gary W. Ricks, Indiana Protection & Advocacy Services, Indianapolis, IN, for Plaintiffs-Appellees.

David W. Gotshall (argued), Anderson Community School Corporation, Anderson, IN, for Defendant-Appellant.

Lisa F. Tanselle, Indiana School Boards Association, Indianapolis, IN, Amicus Curiae for Indiana School Boards Association.

William Kanter, Frank A. Rosenfeld, Department of Justice, Civil Division, Appellate Section, Washington, DC, for Amicus Curiae U.S.

Craig J. Bobay, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, IN, for Amicus Curiae Indiana Federation of Catholic School Families.

Jeffrey Spitzer-Resnick, Wisconsin Coalition for Advocacy, Madison, WI, for Amicus Curiae Wisconsin Coalition for Advocacy.

Before CUMMINGS, EASTERBROOK and DIANE P. WOOD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 28, 1996.

CUMMINGS, Circuit Judge.

K.R. is a multiply handicapped student in need of a full-time instructional assistant to attend school. If K.R. attended public school, she would indisputably be entitled to all services prescribed by her individual education plan ("IEP") under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. ("IDEA"), including the instructional...

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