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COVINGTON v. KNOX COUNTY SCHOOL SYSTEM

No. 99-5210.

205 F.3d 912 (2000)

Burma L. COVINGTON, Natural parent and legal conservator of David Jason Covington, Plaintiff-Appellant. v. KNOX COUNTY SCHOOL SYSTEM; Knox County Board of Education; Allen Morgan, in his official capacity as Superintendent; Donna Parker, individually and in her official capacity as Principal; Linda K. Cathey, individually and in her official capacity as a Knox County School Official; Joe Marlin, individually and in his official capacity as a Knox County School Official; Maureen Umbehagen, individually and in her official capacity as a Knox County School Official; Knox County, Tennessee, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 6, 2000

As Amended on Denial of Rehearing and Suggestion for Rehearing May 2, 2000.

Attorney(s) appearing for the Case

Danny Paul Dyer (briefed), Gentry, Tipton, Kizer & McLemore, Knoxville, TN, Mark P. Jendrek (briefed), Knoxville, TN, for Plaintiff-Appellant.

Mary A.R. Stackhouse (briefed), Knoxville, TN, John E. Owings (briefed), Knox County Law Director's Office, Knoxville, TN, for Knox County School System and Knox County Board of Education.

John E. Owings (briefed), Knoxville, TN, for Allen Morgan.

Robert L. Crossley, Sr. (briefed), Crossley Law Firm, Knoxville, TN, for Donna Parker.

Pamela L. Reeves (briefed), Watson, Hollow & Reeves, Knoxville, TN, for Linda K. Cathey and Joe Marlin.

William A. Young (briefed), O'Neil, Parker & Williamson, Knoxville, TN, for Maureen Umbehagen.

Mary A.R. Stackhouse (briefed), Knoxville, TN, for Knox County, TN.

Before: BATCHELDER and MOORE, Circuit Judges; O'MALLEY, District Judge.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc May 2, 2000.

OPINION

MOORE, Circuit Judge.

Plaintiff-appellant Burma Covington, acting as legal conservator for her disabled son Jason, appeals the district court's grant of summary judgment for the defendants due to Covington's failure to exhaust her administrative remedies under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. Covington...

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