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

No. 95-2497.

125 F.3d 1017 (1997)

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 September 10, 1997.

Attorney(s) appearing for the Case

Milo G. Gray, Jr. (submitted), Gary W. Ricks, Indiana Protection & Advocacy Services, Indianapolis, IN, for Plaintiff-Appellee.

David W. Gotshall, Anderson Community School Corp., Anderson, IN, for Defendant-Appellant.

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

CUMMINGS, Circuit Judge.

In April 1996 we held that the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations thereunder did not require a public school to make comparable provisions for a disabled student voluntarily attending private school as for disabled public school students. 81 F.3d 673 (7th Cir.1996). We added that public schools are given discretion under the law and...

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