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RONCKER ON BEHALF OF RONCKER v. WALTER

No. 81-3494.

700 F.2d 1058 (1983)

Mary Ann RONCKER On Behalf of Neill RONCKER, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Franklin B. WALTER, et al., Defendants, James N. Jacobs, in his official capacity as Superintendent of the Cincinnati City School District and Cincinnati City School District Board of Education; Robert Braddock, Herbert Brown, Virginia Griffin, Ann Patty, John Rue, David Schiering and Mary Schloss, in their official capacities as the members of the Cincinnati City School District Board of Education, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1983.

Attorney(s) appearing for the Case

Barry Cohen (argued), Columbus, Ohio, for plaintiff-appellant.

Patricia W. Morrison (argued), Hugh Frost, Asst. City Sols., Richard A. Castellini, Cincinnati, Ohio, for defendants-appellees.

Before KENNEDY and CONTIE, Circuit Judges, and GORDON, Senior District Judge.

CONTIE, Circuit Judge.

In this appeal, the plaintiff challenges the placement of her retarded son under the Education for All Handicapped Children Act of 1975, 20 U.S.C. § 1401 et seq., (the Act).1 As a condition for receiving federal aid, the Act provides that a free appropriate education must be provided to all children. 20 U.S.C. § 1412. It further requires states to establish...

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