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O'TOOLE v. OLATHE UNIFIED SCHOOL DIST. NO. 233

No. 97-3125.

144 F.3d 692 (1998)

Molly O'TOOLE, By and Through her parents and legal guardians, Kevin and Kathy O'TOOLE, Plaintiff-Counter-Defendant-Appellant, v. OLATHE DISTRICT SCHOOLS UNIFIED SCHOOL DISTRICT NO. 233, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 19, 1998.

Attorney(s) appearing for the Case

Stephen Walker, Beachwood, OH (James Germer, Kansas Advocacy Program Services, Inc., Topeka, KS, on the opening brief), for plaintiff-counter-defendant-appellant.

Gregory P. Goheen (Daniel B. Denk on the brief), McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, for defendant-counter-claimant-appellee.

Before ANDERSON and KELLY, Circuit Judges, and BRETT, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Plaintiff and appellant Molly O'Toole, by and through her parents Kevin and Kathy Fulgham O'Toole, appeals the district court's grant of summary judgment to the defendant Olathe District Schools Unified School District No. 233 in this case involving the Individuals With Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1485.1 Molly had challenged the adequacy, under both Kansas law and...

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