SPRINGDALE SCHOOL DIST. # 50 v. GRACE

No. 80-1777.

656 F.2d 300 (1981)

SPRINGDALE SCHOOL DISTRICT NO. 50 OF WASHINGTON COUNTY, Appellant, v. Sherry GRACE, a Minor, and Albert and JoAnn Grace, Individually and as Parents of Sherry Grace; Arkansas State Department of Education; State Board of Education; Wayne Hartsfield as Chairman of the State Board of Education; Mrs. James W. Chestnutt, Jim Dupree, T. C. Cogbill, Jr., Mrs. Alice L. Preston, Harry A. Haines, Dr. Harry P. McDonald, Robert L. Newton and Walter Turnbow as Members of the State Board of Education; Don R. Roberts, Director of the Department of Education, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 7, 1981.

As Amended October 2, 1981.


Attorney(s) appearing for the Case

James M. Roy, Jr., argued, Blair, Cypert, Waters & Roy, Springdale, Ark., for plaintiff-appellant.

Stephen M. Sharum, argued, Fort Smith, Ark., for defendants-appellees Sherry, Albert and JoAnn Grace.

Steve Clark, Atty. Gen. by Nelwyn Davis, Asst. Atty. Gen., Little Rock, Ark., for defendant-appellee Arkansas Dept. of Ed.

Sheryl Dicker, Developmental Disabilities Law Project, Legal Services of Ark., Little Rock, Ark., amicus curiae.

Seymour DuBow, Marc P. Charmatz, Washington, D. C., for amicus curiae Nat. Ass'n for the Deaf and Gallaudet College; Sheila Conlon argued, Robin Post, Legal Assistants.

Before HEANEY and HENLEY, Circuit Judges, and NICHOL, Senior District Judge.


NICHOL, Senior District Judge.

This is an appeal by the plaintiff-appellant, Springdale School District # 50 of Washington County (Springdale School), from the judgment of the district court1 in favor of the defendant-appellees, Sherry Grace and her parents, the Arkansas State Department of Education and its director, and the State Board of Education and its members. The district court found that under the provisions of the Education for...

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