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United States Sixth Circuit


Bd. of Educ. of Fayette County v. L.M., 06-5534

In a suit brought by a child with a disability within the meaning of the Individuals with Disabilities Education Act (IDEA), a judgment of the district court is affirmed insofar as it upheld a hearing officer's determination regarding the extent of school district's violation of the IDEA. However, affirmation of a compensatory-education award is reversed with instructions as neither a hearing officer nor an Appeals Board may delegate to a child's IEP team the power to reduce or terminate a compensatory-education award.

Appellate Information

  • Decided 03/02/2007
  • Published 03/02/2007

Judges

  • Before:  MARTIN, COLE, and GILMAN, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Marie Allison, Lexington, Kentucky, for Appellants.   Robert L. Chenoweth, Chenoweth Law Office, Frankfort, Kentucky, for Appellee.   ON BRIEF:  Marie Allison, Assistant Public Advocate, Lexington, Kentucky, for Appellants.  Robert L. Chenoweth, Chenoweth Law Office, Frankfort, Kentucky, for Appellee.
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