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KRUELLE v. NEW CASTLE COUNTY SCH. DIST.

Nos. 80-1875, 80-1876 and 80-2063, 80-2064.

642 F.2d 687 (1981)

Rev. & Mrs. Carl H. KRUELLE v. NEW CASTLE COUNTY SCHOOL DISTRICT; Dr. Carroll W. Biggs, Superintendent of New Castle County School District; Dr. Kenneth C. Madden, Superintendent of the Division of Public Instruction; Mrs. Patricia C. Schramm, Secretary of the Division of Social Services; Mr. Warren J. Gehrt, Superintendent of the Division of Mental Retardation; Delaware State Board of Education Dr. Carroll W. Biggs, Superintendent of New Castle County School District, Appellant in 80-1875 and 80-2063 State Board of Education and Dr. Kenneth C. Madden, State Superintendent of Public Instruction, Appellants in 80-1876 Dr. Kenneth C. Madden, Superintendent of Public Instruction, and the State Board of Education, Appellants in 80-2064.

United States Court of Appeals, Third Circuit.

Decided April 1, 1981.

As Amended April 13, 1981.

Attorney(s) appearing for the Case

Edward M. McNally (Argued), Clark W. Furlow, Morris, James, Hitchens & Williams, Wilmington, Del., for New Castle County School District and Dr. Carroll W. Biggs.

Roger A. Akin (Argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for Dr. Kenneth C. Madden and State Bd. of Ed.

Rev. and Mrs. Carl H. Kruelle (Argued), (pro se).

Catherine Carr, Janet F. Stotland (Argued), Education Law Center, Inc., Philadelphia, Pa., for Developmental Disabilities Advocacy Network of Pennsylvania.

Brian J. Hartman, Wilmington, Del., amicus curiae of Developmental Disabilities Protection and Advocacy System for the State of Delaware.

Before ADAMS, VAN DUSEN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This case presents two issues arising under the Education for All Handicapped Children Act of 1975, P.L. 94-142, 20 U.S.C. §§ 1401 et seq. (Education Act), that are of first impression for this Court. First, did the district court err in determining that Paul Kruelle is entitled to residential placement under the Education Act? Second, did the district court err in holding the Delaware State Board...

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