TUCKER BY TUCKER v. CALLOWAY COUNTY BD.

No. 96-6478.

136 F.3d 495 (1998)

Barkley TUCKER, a minor, By and Through Charles D. TUCKER, M.D. and Marsha Tucker, his parents and next friends; Charles D. Tucker, M.D. and Marsha Tucker, individually, Plaintiffs-Appellants, v. CALLOWAY COUNTY BOARD OF EDUCATION; Calloway County School District; Dr. Jack Rose, individually, and as Superintendent of Calloway County Schools; Wayne Blackford; Robbie Hale; Robert McDaniel; Richard Murdock; John Nix; John Warren Nix; Ray Dunn; Garry Evans; Tim Stone; Steve Grogan; Kentucky Department of Education; Wilmer S. Cody, individually, and as Commissioner of Kentucky Department of Education; and Exceptional Children Appeals Board, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 18, 1998.


Attorney(s) appearing for the Case

James A. Harris, Jr.(argued and briefed), Paducah, KY, for Plaintiffs-Appellants.

Michael A. Owsley (argued and briefed), Regina Abrams (briefed), English, Lucas, Priest & Owsley, Bowling Green, KY, for Calloway County Board of Education, Calloway County School District, Jack Rose, Dr., Wayne Blackford, Robbie Hale, Robert McDaniel, Richard Murdock, John Nix, John Warren Nix, Ray Dunn, Garry Evans, Tim Stone, Steve Grogan, Thomas C. Boysen, Dr., Exceptional Children's Appeal Board, and Wilmer S. Cody.

Michael A. Owsley, English, Lucas, Priest & Owsley, Bowling Green, KY, Morgan G. Ransdell, Office of the Attorney General, Civil Division, Frankfort, KY, for Kentucky Department of Education.

Before: MERRITT and SILER, Circuit Judges; DOWD, District Judge.


OPINION

DOWD, District Judge.

Plaintiff-Appellants Dr. and Mrs. Charles and Marsha Tucker ("the Tuckers") brought actions under the Individuals with Disabilities Education Act ("IDEA"),1 20 U.S.C. § 1400, et seq., on behalf of themselves and their minor son, Barkley, to recover the costs of providing a free appropriate public education ("FAPE") for Barkley, a disabled child.2 On August...

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