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MM EX REL. DM v. SCHOOL DIST. OF GREENVILLE COUNTY

Nos. 01-1364, 01-1411.

303 F.3d 523 (2002)

MM, a minor, by and through her parents, DM and EM, and on their own behalf, Plaintiff-Appellee, v. SCHOOL DISTRICT OF GREENVILLE COUNTY, a/k/a Greenville County Public Schools, Defendant-Appellant, and South Carolina State Board of Education, Defendant, The Council of Parent Attorneys and Advocates; Protection and Advocacy for People with Disabilities of South Carolina; Carolina Legal Assistance; North Carolina Special Needs Federation; The North Carolina Governor's Advocacy Council for Persons with Disabilities; Pisgah Legal Services; Maryland Disability Law Center, Amici Curiae. MM, a minor, by and through her parents, DM and EM, and on their own behalf, Plaintiff-Appellant, v. School District of Greenville County, a/k/a Greenville County Public Schools, Defendant-Appellee, and South Carolina State Board of Education, Defendant, The Council of Parent Attorneys and Advocates; Protection and Advocacy for People with Disabilities of South Carolina; Carolina Legal Assistance; North Carolina Special Needs Federation; The North Carolina Governor's Advocacy Council for Persons with Disabilities; Pisgah Legal Services; Maryland Disability Law Center, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 6, 2002.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Jones Smith, Clarkson, Walsh, Rheney & Turner, P.A., Greenville, South Carolina, for Appellant. Paul Lawrence Erickson, The Law Firm of Paul L. Erickson, P.A., Asheville, North Carolina, for Appellee. ON BRIEF: N. Heyward Clarkson III, Clarkson, Walsh, Rheney & Turner, P.A., Greenville, South Carolina, for Appellant. Judith A. Gran, Public Interest Law Center of Philadelphia, Philadelphia, Pennsylvania; Stacey Bawtinhimer, New Bern, North Carolina, for Amici Curiae.

Before KING and GREGORY, Circuit Judges, and BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge GREGORY and Senior Judge BEEZER joined.

OPINION

KING, Circuit Judge.

The School District of Greenville County, South Carolina ("the District"), has appealed the district court's ruling that the 1995-96 Individualized Education Program ("IEP") of student MM1 failed...

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