School Board Of County Of York V. Nicely

George Daniel (Danny) Nicely is a twenty-one year old handicapped man who had been receiving educational services from the York County Public Schools for a number of years. He was identified as handicapped pursuant to Virginia Code §§ 22.1-213 et seq. and the federal Education of the Handicapped Act, 20 U.S.C. §§ 1400 et seq. A dispute arose concerning whether York County's school program could adequately fulfill Danny's educational needs, and if not, whether the School Board would be responsible for payment of Danny's placement in the Pines, a private treatment facility with a yearly cost of approximately $100,000.