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DAUGHTREY, Circuit Judge, concurring.
I concur in the conclusion that Agostini v. Felton, 521 U.S. 203, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997), now controls our analysis of the First Amendment implications of the Individualized Educational Programs developed for Elizabeth Peck prior to the 1997-1998 school year. I write separately, however, to emphasize that this case does not present us with a question of the propriety of future state-funded services at Our Savior Lutheran School under the Individuals with Disabilities Education Act (IDEA). As noted by Judge Cole, the IDEA was amended, effective June 4,1997, to provide that the Act no longer requires a local educational agency to pay for educational services for a disabled child at a private school “if that agency made a free appropriate public education available to the child and the parents elected to place the child in such private school or facility.” 20 U.S.C. § 1412(a)(10)(C)(i).
Document Info
Docket Number: 96-2193, 97-1231
Judges: Cole, Daughtrey, Jones
Filed Date: 6/29/1998
Precedential Status: Precedential
Modified Date: 11/4/2024