J.P. EX REL. PETERSON v. COUNTY SCHOOL BD. HANOVER

Nos. 06-2068, 07-1320.

516 F.3d 254 (2008)

J.P., a minor, by and through his parents and next friends, Karl PETERSON and Linda Peterson; Karl Peterson; Linda Peterson, Plaintiffs-Appellees, v. COUNTY SCHOOL BOARD OF HANOVER COUNTY, VIRGINIA, Defendant-Appellant. Virginia School Boards Association, Amicus Supporting Appellant, Children's Law Center, of the University of Richmond School of Law; Virginia Office for Protection and Advocacy, Amici Supporting Appellees. J.P., a minor, by and through his parents and next friends, Karl Peterson and Linda Peterson; Karl Peterson; Linda Peterson, Plaintiffs-Appellees, v. County School Board of Hanover County, Virginia, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 14, 2008.


Attorney(s) appearing for the Case

ARGUED: (No. 06-2068) John Francis Cafferky, Blankingship & Keith, P.C., Fairfax, Virginia, for Appellant. Philip Carter Strother, Richmond, Virginia, for Appellees. (No. 07-1320) Bradford Allen King, Harrell & Chambliss, Richmond, Virginia, for Appellant. Robert Jackson Allen, Strother Law Offices, P.L.C., Richmond, Virginia, for Appellees. ON BRIEF: (No. 06-2068) Yvonne S. Well-ford, Office of the County Attorney, Hanover, Virginia; Bradford A. King, Harrell & Chambliss, Richmond, Virginia, for Appellant. Robert Jackson Allen, Strother Law Offices, P.L.C., Richmond, Virginia, for Appellees. Kathleen S. Mehfoud, Reed Smith, L.L.P., Richmond, Virginia, for Amicus Supporting Appellant. Adrienne E. Volenik, Director, Jovonni Armstead, Kathleen Murphy, Rebecca Rockwood, Andrea Tompkins, Jerrell Williams, Third Year Law Students, Disability Law Clinic, Children's Law Center, Richmond School of Law, University of Richmond, Virginia; Jonathan Martinis, Virginia Office for Protection and Advocacy, Richmond, Virginia, for Amici Supporting Appellees. (No. 07-1320) Yvonne S. WeIlford, Office of the County Attorney, Hanover, Virginia, for Appellant. Philip Carter Strother, Richmond, Virginia, for Appellees.

Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.


Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Senior Judge HAMILTON joined.

OPINION

TRAXLER, Circuit Judge:

In this case arising under the Individuals with Disabilities Education Act ("IDEA"), the parents of J.P., a young boy with autism, challenged the sufficiency of an individualized education program ("IEP") developed for J.P by the County School Board of Hanover County, Virginia. After...

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