United States Eighth Circuit
Fitzgerald v. Camdenton R-III Sch. Dist., 04-3102
Where a home-schooled child's parents refuse consent, privately educate the child and expressly waive all benefits under the Individuals with Disabilities Education Act, a school district cannot compel an evaluation of their child under the "child-find" provisions of the Act.
Appellate Information
- Decided 03/01/2006
- Published 03/01/2006
Judges
- BENTON, Circuit Judge., Before LOKEN, Chief Judge, GRUENDER, and BENTON, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Counsel who presented argument on behalf of the appellant was James R. Mason of Purcellville, VA. Michael P. Farris and Darren A. Jones of Purcellville, VA appeared on the brief.
- For Appellees:
- Counsel who presented argument on behalf of the appellee was Terri B. Goldman of Chesterfield, MO. Gary L. Gardner, AAG, of Jefferson City, MO appeared on the brief.