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J.S. v. ISLE OF WIGHT COUNTY SCHOOL BD.

No. 03-2446.

402 F.3d 468 (2005)

J.S., a minor, by his mother Sharon Duck, Plaintiff-Appellant, and Sharon Duck, Plaintiff, v. ISLE OF WIGHT COUNTY SCHOOL BOARD; Michael W. McPherson, Superintendent of the Isle of Wight County Schools; Ted Durniak, Director, Special Education, Isle of Wight County Schools, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2005.

Attorney(s) appearing for the Case

John Warren Hart, BEATON & HART, P.C., Virginia Beach, Virginia, for Appellant. Kevin Joseph Cosgrove, HUNTON & WILLIAMS, Norfolk, Virginia, for Appellees.

Before MICHAEL and DUNCAN, Circuit Judges, and Roger W. TITUS, United States District Judge for the District of Maryland, sitting by designation.

Reversed in part, affirmed in part, and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge MICHAEL joined. Judge TITUS wrote a concurring opinion.

OPINION

DUNCAN, Circuit Judge:

J.S. and his mother, Sharon Duck, sued the Isle of Wight County (Virginia) School Board, superintendent, and special education director, alleging violations of the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et...

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