SETH B. v. ORLEANS PARISH SCHOOL BD.

No. 15-30164.

810 F.3d 961 (2016)

SETH B., by and through his parents and next friends Donald and Cheryl B.; DONALD B.; Cheryl B., Plaintiffs-Appellants v. ORLEANS PARISH SCHOOL BOARD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 13, 2016.


Attorney(s) appearing for the Case

Ronald Kenneth Lospennato (argued), Law Office of Ronald K. Lospennato, Sarah Hall Voigt, Esq. , Debra Judith Weinberg , New Orleans, LA, for Plaintiff-Appellant.

Wayne Thomas Stewart, Esq. (argued), Hammonds, Sills, Adkins & Guice, L.L.P., Baton Rouge, LA, for Defendant-Appellee.

Constance Russell Wannamaker , El Paso, TX, Ellen Marjorie Saideman, Esq. , Barrington, RI, Selene Ann Almazan-Altobell , Towson, MD, Francisco Maria Negron, Jr. , General Counsel, Alexandria, VA, Janet Little Horton , Attorney, Houston, TX, Amber K. King , Lake Travis Independent School District, Austin, TX, for Amicus Curiae.

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.


Under the Individuals with Disabilities Education Act and its implementing regulations, parents who disagree with a school district's evaluation of their child may be entitled to an independent educational evaluation (IEE) at public expense. The parents of Seth B., a child who had previously been diagnosed...

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