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PHILLIP C. v. JEFFERSON COUNTY BD. OF EDUC.

No. 11-14859.

701 F.3d 691 (2012)

PHILLIP C., Angie C., on behalf of their son A.C., Plaintiffs-Counter Defendants-Appellees, v. JEFFERSON COUNTY BOARD OF EDUCATION, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 21, 2012.

Attorney(s) appearing for the Case

Deborah A. Mattison , Rachel Lee McGinley , Wiggins, Childs, Quinn & Pantazis, LLC, Birmingham, AL, James Arnold Tucker , Alabama Disabilities Advocacy Program, Tuscaloosa, AL for Plaintiffs-Counter Defendants-Appellees.

Carl Johnson , Melissa Burkett McKie , Bishop, Colvin, Johnson & Kent, LLC, Birmingham, AL, for Defendant-Counter Claimant-Appellant.

Lisa J. Stark , Mark L. Gross , Civ. Div., App. Sec., U.S. Dept. of Justice, Washington, DC, for Amicus Curiae United States of America.

Jonathan A. Zimring , Zimring Law Firm, Atlanta, GA, for Amicus Curiae Council of Parent Attorneys and Advocates, Inc.

Before BARKETT and JORDAN, Circuit Judges, and HODGES, District Judge.

BARKETT, Circuit Judge:

The Jefferson County Board of Education (the "Board"), in the state of Alabama, challenges the district court's determination affirming the validity of a Department of Education regulation that requires state and local agencies to reimburse parents and guardians for an independent educational evaluation of their children with disabilities. See 34 C.F.R. § 300.502(b)(1) (1999) (stating that a parent "has the right to an independent...

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