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TINDALL v. POULTNEY HIGH SCHOOL DIST.

Docket No. 03-7650.

414 F.3d 281 (2005)

K C TINDALL, in the matter of appeal of Vermont Special Education Due Process Case No. 99-12 K.T., parent and next friend of Kyle Tindall, Plaintiff, Dianne Tindall, in the matter of appeal of Vermont Special Education Due Process Case No. 99-12 K.T., parent and next friend of Kyle Tindall, Plaintiff-Appellant, v. POULTNEY HIGH SCHOOL DISTRICT, Rutland Southwest Supervisory Union, Defendants-Appellees, Vermont Department of Education, Defendant. Poultney High School District, Rutland Southwest Supervisory Union, Counter-Claimants, v. Dianne Tindall, K C Tindall, Counterclaim-Defendants. Vermont Department of Social and Rehabilitation Services, Movant.

United States Court of Appeals, Second Circuit.

Decided: July 5, 2005.

Attorney(s) appearing for the Case

Dianne Tindall, pro se, Middlebury, VT, for herself and her son, Kyle Tindall.

Patti R. Page, Stitzel, Page & Fletcher, P.C., Burlington, VT, for Defendants-Appellees.

Before: OAKES, KEARSE, and SACK, Circuit Judges.

KEARSE, Circuit Judge, concurs in part and dissents in part in a separate opinion.

BACKGROUND

SACK, Circuit Judge.

In September 2000, K.C. Tindall and Dianne Tindall, parents of Kyle Tindall, a minor, brought an action against the defendants under the Individuals with Disabilities in Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., Section 504 of the Rehabilitation Act of 1973 ("Rehabilitation...

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