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GEORGIA STATE DEPT. OF EDUC. v. DERRICK C.

No. 02-11578.

314 F.3d 545 (2002)

GEORGIA STATE DEPARTMENT OF EDUCATION, Plaintiff-Counter-Defendant-Appellant, v. DERRICK C., Zena Cherry, Norman Cherry, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 10, 2002.

Attorney(s) appearing for the Case

Kendall L. Kerew, Atlanta, GA, Kathryn L. Allen, GA Dept. of Law, Atlanta, GA, for GA State Dept. of Educ.

Dawn R. Smith, Jonathan A. Zimring, Zimring, Ellin & Miller, Zimring, Smith & Billips, Atlanta, GA, for Defendants-Counter-Claimants-Appellees.

Before CARNES, HILL and FARRIS, Circuit Judges.

CARNES, Circuit Judge:

The Georgia State Department of Education ("the Department") brought this appeal in order to have us decide whether the "stay-put provision" of Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1491 ("IDEA"), applies to a child who, at the time he turned three years of age and came within the purview of Part B, disputed his Part B placement. That is an issue of first...

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