SUMTER COUNTY SCHOOL DIST. 17 v. HEFFERNAN

No. 09-1921.

642 F.3d 478 (2011)

SUMTER COUNTY SCHOOL DISTRICT 17, Plaintiff-Appellant, v. Joseph HEFFERNAN, on behalf of his son TH; May Baird, on behalf of her son TH, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2011.


Attorney(s) appearing for the Case

ARGUED: David Thomas Duff , Duff, White & Turner, LLC, Columbia, South Carolina, for Appellant. Erik T. Norton , Nelson Mullins Riley & Scarborough, LLP, Columbia, South Carolina, for Appellees. ON BRIEF: Meredith L. Seibert , Duff, White & Turner, LLC, Columbia, South Carolina, for Appellant. Matt Bogan , Nelson Mullins Riley & Scarborough, LLP, Columbia, South Carolina, for Appellees.

Affirmed by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Senior Judge FABER joined. Judge WYNN wrote an opinion concurring in part and dissenting in part.


OPINION

TRAXLER, Chief Judge:

In this action under the Individuals with Disabilities Education Act (the "IDEA"), Sumter County School District # 17 (the "District") appeals from the district court's order finding that the District had failed to provide a free and appropriate public education to T.H. and that the program established by T.H.'s parents to educate him at home was appropriate. For the reasons set forth below, we affirm.

I.

T...

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