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BUTLER v. EVANS

No. 99-3135.

225 F.3d 887 (2000)

Andrea N. BUTLER, Emmalea Butler and Ted Butler, Plaintiffs-Appellants, v. H. Dean EVANS, individually and in his capacity as Superintendent of the Indiana Department of Education, Indiana Department of Education, Jerry Thaden, individually and in his capacity as Commissioner of the Indiana Department of Mental Health, Dina Haugh, in her capacity as Superintendent of LaRue D. Carter Memorial Hospital, and Paul Ash, individually and in his capacity as Director of the Indiana Division of Special Education, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 2000.

Attorney(s) appearing for the Case

Donald J. Evans, Evans & Evans, Ivan E. Bodensteiner (argued), Valparaiso, IN, for plaintiff-appellant.

Jon B. Laramore (argued), Office of the Attorney General, Indianapolis, IN, for defendant-appellee.

Before MANION, KANNE and ROVNER, Circuit Judges.

KANNE, Circuit Judge.

As a child, Andrea "Niki" Butler experienced severe emotional and psychological troubles that made it difficult for her to be educated in a regular school. Her local school recommended that she be placed in a residential educational facility that could provide a structured setting designed to accommodate her condition. Before her local school and the Indiana Department of Education could process this placement, Niki Butler's condition forced...

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