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WEAST v. SCHAFFER EX REL. SCHAFFER

No. 03-1030.

377 F.3d 449 (2004)

Jerry WEAST, Superintendent of Montgomery County Public Schools; Board of Education of Montgomery County, Plaintiffs-Appellants, v. Brian SCHAFFER, a minor, by his parents and next friends, Jocelyn and Martin Schaffer; Jocelyn Schaffer; Martin Schaffer, Defendants-Appellees. National School Boards Association; Maryland Association of Boards of Education; North Carolina School Boards Association; South Carolina School Boards Association; Virginia School Boards Association, Amici Curiae Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 29, 2004.

Attorney(s) appearing for the Case

ARGUED: Zvi Greismann, Montgomery County Public Schools, Rockville, Maryland, for Appellants.

Michael Jeffrey Eig, Chevy Chase, Maryland, for Appellees.

ON BRIEF: Haylie M. Iseman, Michael J. Eig & Associates, P.C., Chevy Chase, Maryland, for Appellees.

Naomi Gittins, Staff Attorney, National School Boards Association, Alexandria, Virginia; Scott Price, General Counsel, South Carolina School Boards Association, Columbia, South Carolina; Allison B. Schafer, Director of Policy/Legal Services, North Carolina School Boards Association, Raleigh, North Carolina; Stephen C. Bounds, Director of Legal & Policy Services, Maryland Association of Boards of Education, Annapolis, Maryland; Elizabeth Ewing, Director of Legal & Policy Services, Virginia School Boards Association, Charlottesville, Virginia, for Amici Curiae.

Before WILKINSON, LUTTIG, and MICHAEL, Circuit Judges.

Reversed and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINSON joined. Judge LUTTIG wrote a separate dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

The Individuals with Disabilities Education Act (IDEA) gives every disabled child the right to a "free appropriate public education" tailored to meet his or her unique needs. 20 U.S.C. § 1400(d)(1)(A). To enforce this right, the IDEA requires every public...

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