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COUNTY SCH. BD. OF HENRICO v. Z.P. EX REL. R.P.

No. 03-2338.

399 F.3d 298 (2005)

COUNTY SCHOOL BOARD OF HENRICO COUNTY, VIRGINIA, Plaintiff-Appellee, v. Z.P., a minor by and through his parents and next friends; R.P.; N.M.P., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 11, 2005.

Attorney(s) appearing for the Case

ARGUED: Cassie R. Craze, Natasha Umbertis, University of Richmond, School of Law, Disability Law Clinic, Children's Law Center, Richmond, Virginia, for Appellants. Joseph Thomas Tokarz, II, Assistant County Attorney, County of Henrico, Richmond, Virginia, for Appellee. ON BRIEF: Adrienne E. Volenik, Director, Disability Law Clinic, Joanne V. Stanley, Third Year Law Student, University of Richmond, School of Law, Children's Law Center, Richmond, Virginia, for Appellants. Joseph P. Rapisarda, Jr., County Attorney, County of Henrico, Richmond, Virginia, for Appellee.

Before WIDENER, TRAXLER, and GREGORY, Circuit Judges.

Reversed and remanded with instructions by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge WIDENER joined. Judge GREGORY wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

Z.P. is a young boy with autism. Pursuant to its responsibilities under the Individuals with Disabilities Education Act ("IDEA"), the County School Board of Henrico County, Virginia, formulated an individualized education plan for Z.P. for the...

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