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SCHAFFER EX REL. SCHAFFER v. WEAST

No. 07-2038.

554 F.3d 470 (2009)

Brian SCHAFFER, a minor, by his parents and next friends, Jocelyn and Martin SCHAFFER; Jocelyn Schaffer; Martin Schaffer, Plaintiffs-Appellants, v. Jerry WEAST, Superintendent Montgomery County Public Schools; Board Of Education Of Montgomery County, Maryland, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Michael Eig, Michael J. Eig & Associates, P.C., Chevy Chase, Maryland, for Appellants. Audrey Jane Anderson, Hogan & Hartson, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Zvi Greismann, Montgomery County Public Schools, Rockville, Maryland; Maree F. Sneed, Jessica L. Ellsworth, Hogan & Hartson, L.L.P., Washington, D.C., for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.

OPINION

WILKINSON, Circuit Judge:

Brian Schaffer and his parents seek reimbursement for Brian's private school tuition in the eighth grade under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1482 ("IDEA"). Brian, who graduated from high school in 2003, had Attention Deficit Hyperactivity Disorder and other learning disabilities as a student. Brian's parents rejected an Individualized Education Program ("IEP") that the Montgomery...

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