UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-1725

THELMA TYSON, an individual, Plaintiff - Appellant, and

TIJUAN TYSON, a minor, by next friend and legal guardian, Thelma Tyson, Plaintiff, versus

KANAWHA COUNTY BOARD OF EDUCATION, a county and state agency; SPECIAL EDUCATION DEPART- MENT; WILLIAM RUSSELL; JANE HARBERT; KATE MIDDLETON, a/k/a Middleton, in their individ- ual capacity and in their official capacity as employees of the Kanawha County Board of Education, Defendants - Appellees.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Dennis Raymond Knapp, Senior District Judge. (CA-96-904-2)

Submitted: August 13, 1998 Decided: August 28, 1998

Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thelma Tyson, Appellant Pro Se. Charles R. Bailey, Belinda B.

Jackson, SHUMAN, ANNAND & POE, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court’s order dismissing this action under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415(e) (1994), and their pendant claims of civil rights violations. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Tyson v. Kanawha Cnty Bd. Educ., No. CA-96-904-2 (S.D.W. Va. Apr. 29, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED