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N. M. ASS'N FOR RETARDED CITIZENS v. STATE OF N. M.

No. 80-1876.

678 F.2d 847 (1982)

NEW MEXICO ASSOCIATION FOR RETARDED CITIZENS, et al., Plaintiffs-Appellees, v. The STATE OF NEW MEXICO, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 14, 1982.

Attorney(s) appearing for the Case

John F. Kennedy, Asst. Atty. Gen., and Robert N. Hilgendorf, Sp. Asst. Atty. Gen., Santa Fe, N. M. (Jeff Bingaman, Atty. Gen., Santa Fe, N. M., with them on the brief), for defendants-appellants.

Marian Matthews of Matthews & Crider, P. C., Albuquerque, N. M. (Anson B. Levitan of Northern N. M. Legal Services, Inc., Santa Fe, N. M., with her on the brief), for plaintiffs-appellees.

C. Emery Cuddy, Jr. of White, Koch, Kelly & McCarthy, P. A., Santa Fe, N. M., filed an amicus curiae brief for New Mexico School Boards Assn.

Marianne Bennett, Albuquerque, N. M., filed an amicus curiae brief for Protection and Advocacy System for New Mexicans with Developmental Disabilities, Inc.

Before BARRETT and SEYMOUR, Circuit Judges, and BROWN, Senior District Judge.

SEYMOUR, Circuit Judge.

This appeal necessitates a review of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504). At issue is the scope of pre-college education rights afforded handicapped children under this statute and its compliance regulations. Our analysis of the question prompts reversal of the trial court decision and remand of this case for additional proceedings.

I.

Background

In October 1975...

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