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SPRINGER v. FAIRFAX COUNTY SCHOOL BD.

No. 97-1482.

134 F.3d 659 (1998)

Edward P. SPRINGER, a minor, by his parents and next friends, Edward and JoAnne Springer; Edward Springer; Joanne Springer, Plaintiffs-Appellants, v. THE FAIRFAX COUNTY SCHOOL BOARD, Defendant-Appellee, and Robert Spillane, officially as Superintendent, Fairfax County Public Schools, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided January 23, 1998.

Attorney(s) appearing for the Case

ARGUED: Michael Jeffrey Eig, Bogin & Eig, Washington, DC, for Appellants. Thomas John Cawley, Hunton & Williams, McLean, Virginia, for Appellee. ON BRIEF: Matthew B. Bogin, Helen Goff Foster, Bogin & Eig, Washington, DC, for Appellants. John F. Cafferky, Arthur E. Schmalz, Hunton & Williams, McLean, Virginia, for Appellee.

Before WILKINSON, Chief Judge, JONES, United States District Judge for the Western District of Virginia, sitting by designation, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge JONES and Senior Judge MICHAEL joined.

OPINION

WILKINSON, Chief Judge:

Edward Springer and his parents seek reimbursement from the Fairfax County School Board for tuition paid to a private school in which the Springers enrolled Edward after he failed the eleventh grade. The School Board determined that Edward was not suffering from a "serious emotional disturbance...

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