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E.S. v. INDEPENDENT SCHOOL DIST., NO. 196

No. 96-4214.

135 F.3d 566 (1998)

E.S., a disabled minor; Jeanne Stein, parent and legal guardian, Appellants, v. INDEPENDENT SCHOOL DISTRICT, NO. 196, Rosemount-Apple Valley-Eagan; Bruce Johnson, in his official capacity as the Commissioner of the Minnesota Department of Children, Families and Learning; State Board of Education for the State of Minnesota; State Board of Teaching for the State of Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 30, 1998.

Attorney(s) appearing for the Case

Sonja D. Kerr, Inver Grove Heights, MN, argued (William Welp, on the brief), for Appellants.

Timothy R. Palmatier, St. Paul, MN, argued (Susan E. Torgerson, on the brief), for Appellee Independent School District.

Bernard E. Johnson, Asst.Atty.Gen., St. Paul, MN, argued (Rachel L. Kaplan, on the brief), for Appellee State Board of Education and Bruce Johnson.

Before BEAM, FLOYD R. GIBSON, Circuit Judges, and WEBB, United States Chief District Judge.

BEAM, Circuit Judge.

E.S., a handicapped child within the meaning of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400-1491,2 and her mother, Jeanne Stein, appeal the district court's3 dismissal of their IDEA claims against Independent School District Number 196 and various state defendants. Because we find that E.S. was receiving a free appropriate public education as required by...

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