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M.S. EX REL. SIMCHICK v. FAIRFAX COUNTY SCHOOL BD.

No. 07-1555.

553 F.3d 315 (2009)

M.S., a minor, by and through his parents and next friends, Carl and Jacqueline SIMCHICK; Jacqueline Simchick, Plaintiffs-Appellants, v. FAIRFAX COUNTY SCHOOL BOARD, Defendant-Appellee, and Fairfax County Public Schools; Jack Dale, individually and in his official capacity as Superintendent of Fairfax County Public Schools; Joyce Suydam, individually and in her official capacity as Director of Secondary Special Education Services, Fairfax County Public Schools; Eleanor Barnes, individually and in her official capacity as the former Coordinator of Special Education Monitoring and Compliance, and currently as Director of Student Services, Fairfax County Public Schools; Martin Humbertson, individually and in his official capacity as Coordinator of Special Education Monitoring and Compliance, Fairfax County Public Schools; Virginia Department of Education; Virginia Board of Education; Jo Lynne Demary, individually and in her official capacity as State Superintendent of Public Instruction for the State of Virginia; Judith Douglas, individually and in her official capacity as Director of Dispute Resolution and Administrative Services, Virginia Department of Education, Defendants. Children's Law Center; Virginia Office for Protection and Advocacy, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 14, 2009.

Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, Troutman & Sanders, L.L.P., Richmond, Virginia, for Appellants. John Francis Cafferky, Blankingship & Keith, P.C., Fairfax, Virginia, for Appellee. ON BRIEF: Siran S. Faulders, Stephen C. Piepgrass, Troutman & Sanders, L.L.P., Richmond, Virginia, for Appellants. Thomas J. Cawley, Jill Marie Dennis, Hunton & Williams, McLean, Virginia, for Appellee. Adrienne E. Volenik, Director, Disability Law Clinic, Alisa Ferguson, Third Year Law Student, Children's Law Center, Richmond School of Law, University of Richmond, Virginia; Jonathan Martinis, Managing Attorney, Virginia Office for Protection and Advocacy, Richmond, Virginia, for Amici Supporting Appellants.

Affirmed in part and vacated and remanded with instructions in part by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge WILKINSON and Judge VOORHEES joined.

OPINION

WILLIAMS, Chief Judge:

M.S., a student with multiple disabilities in the Fairfax County, Virginia schools, appeals from a district court order in this action involving the application of the Individuals with Disabilities in Education Act ("IDEA"), codified at 20 U.S.C.A. § 1400 et seq. (West 2000 & Supp.2008). In particular, M.S.'s parents appeal the district court's denial of reimbursement for his parental placement from 2002-2005...

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