[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 97-2915
Non-Argument Calendar
D. C. Docket No. 94-1548-Civ-T-25B
SAMUEL WEISS, a child, by and
through his parents and next friends,
Debra S. Weiss and Major M. Benjamin Weiss,
DEBRA S. WEISS,
M. BENJAMIN WEISS, Major,
Plaintiffs-Appellants,
versus
SCHOOL BOARD OF HILLSBOROUGH
COUNTY, State of Florida,
Defendant-Appellee.
Appeal from the United States District Court
for the Middle District of Florida
(May 13, 1998)
Before TJOFLAT, BIRCH and MARCUS, Circuit Judges.
PER CURIAM:
Samuel Weiss is an autistic child; he is thirteen years old. In September 1994, his parents
brought this suit for money damages as an appeal of a final order of the State of Florida Division
of Administrative Hearings rendered at the conclusion of an administrative hearing conducted
pursuant to Section 1415 (c) of the Individuals with Disabilities Education Act, 20 U.S.C. §§
1400-1415. In their amended complaint, Samuel’s parents contend that the School Board of
Hillsborough County, Florida, failed to provide Samuel with a “free appropriate public
education,” as required by the Individuals with Disabilities Education Act, and, in failing to
provide such education, denied him rights established by the Rehabilitation Act of 1973, 29
U.S.C. § 794. Samuel’s parents also contend that the School Board infringed two rights
guaranteed Samuel by the Fourteenth Amendment: the right to the equal protection of the laws
and the right of travel.
On cross motions for summary judgement, the district court, in the order appearing in the
Appendix, entered summary judgment for the School Board. Samuel’s parents appeal,
contending the district court should have granted their motion for summary judgment and denied
the Board’s motion. After considering their arguments for reversal, we conclude that, in all
respects, the district court properly applied the law to the material facts (which the parties agree
are not in dispute).
AFFIRMED.
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