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WAGNER v. BOARD OF EDUC. OF MONTGOMERY COUNTY

Nos. 02-1564, 02-2187.

335 F.3d 297 (2003)

Daniel G. WAGNER, JR., a minor child acting by and through his parents Daniel Wagner and Regina Wagner; Daniel Wagner; Regina Wagner, in their individual capacities, Plaintiffs-Appellees, v. BOARD OF EDUCATION OF MONTGOMERY COUNTY; Montgomery County Public Schools; Jerry D. Weast, in his official capacity as Superintendent of Schools, Montgomery County Public Schools, Defendants-Appellants, v. Community Services for Autistic Adults and Children, Third Party Defendant, Christine Caselles, Dr., Movant. Daniel G. Wagner, Jr., a minor child acting by and through his parents Daniel Wagner and Regina Wagner; Daniel Wagner; Regina Wagner, in their individual capacities, Plaintiffs-Appellees, v. Board of Education of Montgomery County; Montgomery County Public Schools; Jerry D. Weast, in his official capacity as Superintendent of Schools, Montgomery County Public Schools, Defendants-Appellants, v. Community Services for Autistic Adults and Children, Third Party Defendant, Christine Caselles, Dr., Movant.

United States Court of Appeals, Fourth Circuit.

Decided: July 7, 2003.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Alan Krew, Columbia, Maryland, for Appellants. Kerry Lynn Edwards, MAYER, BROWN, ROWE & MAW, Washington, D.C., for Appellees. ON BRIEF: Lisa L. Levine, MAYER, BROWN, ROWE & MAW, Washington, D.C., for Appellees.

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge NIEMEYER joined. Judge WIDENER filed a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

In this case we are called upon to interpret 20 U.S.C. § 1415(j), the so-called "stay put" provision of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq.

Daniel Wagner is an autistic child covered by the IDEA. Prior...

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