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A rule was announced by D in response to an inquiry from a Director of Special Education for the Ohio Department of Education (P). P wanted to know if the IDEA program requires states to provide educational services to disabled children who are expelled or suspended for an extended period for reasons unrelated to their disability. D answered in the affirmative. The School District for Wayne Township (P) sued D on behalf of itself and all similarly situated providers of educational services. P asserts that D's position places a large financial burden on school districts and that the districts are entitled to notice of the proposed rule and the opportunity to comment. Both parties filed motions for summary judgment. The district court agreed with P and D appealed.

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